Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 13, 2026
CASE NO(S).: OLT-25-001031
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Starbank Developments 609 Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two 15-storey residential apartment buildings
Reference Number: 25 113541 NNY 18 OZ
Property Address: 609 Roehampton Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-25-001031
OLT Lead Case No.: OLT-25-001031
OLT Case Name: Starbank Developments 609 Corp. v. Toronto (City)
Heard: March 27, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Starbanks Developments 609 Corp.
D. Angelucci P. DeMelo I. Kagan (in absentia)
City of Toronto
M. Mahoney E. Rizwani (in absentia)
Metro Ontario Real Estate Limited
C. Harris
Broadway Area Residents Association
B. Swift* J. Thoft (in absentia)*
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON MARCH 27, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) held for the purpose of organizing an appeal by Starbanks Developments 609 Corp. (”Appellant”) against the failure of the City of Toronto (“City”) to make a decision on an application for a Zoning By-law Amendment in relation to the property located at 609 Roehampton Avenue (“Subject Property”) to permit the development of two 15-storey residential apartment buildings.
2The Tribunal received an Affidavit of Service dated March 16, 2026, confirming that Notice of this CMC was properly given on February 26, 2026. No issues were raised with the sufficiency of the Notice and, as such, no further notice is required.
STATUS REQUESTS
3The Tribunal received the following written requests for Status from:
Metro Ontario Real Estate Limited (“Metro”)
4Metro owns the property at 565 Eglinton Avenue East, immediately south of the proposed development. Metro requested Party Status, raising concerns that its property, and an anticipated application for future development thereof, would be directly impacted by the proposed development.
5The Tribunal granted the request, without objection, having been satisfied that Metro will be directly impacted by the proposed development and will assist the Tribunal in adjudicating the issues at a future hearing.
Broadway Area Residents Association (“BARA”)
6BARA represents the interests of various landowners in the area bounded by Eglinton Avenue East, Mount Pleasant Road, Blythwood Road and Bayview Avenue. BARA requested Party Status, raising land use planning and urban design concerns with the proposed development, including but not limited to massing, unit composition, available parking and streetscapes. The Tribunal heard that BARA is considering retaining legal counsel and/or retaining a land use planner to provide expert evidence at the hearing.
7The City did not object to the request and the Appellant submitted it would not object to the request on the strength of BARA’s stated intention to provide expert evidence and/or retain legal counsel for the hearing. The Tribunal granted Party Status to BARA having been satisfied that some or all of its members may be affected in some way by the proposed development and, on the basis of its stated intentions, that its presence at the hearing will assist the Tribunal in adjudicating the issues at a future hearing.
8Some discussion ensued with respect to the possibility of BARA not calling expert evidence/retaining counsel. BARA was directed to review the Tribunal’s Rules of Practice and Procedure, including but not limited to Rule 8.1 which sets out the roles and obligations of a party and Rule 23 respecting costs. In the event BARA elects against fully participating in the hearing, it may request a change in status to Participant, which would entitle them to submit a written statement for consideration at a future hearing and/or the Appellant may bring a motion for direction with respect to BARA’s status.
Leaside Residents Association
9In advance of the CMC, the Tribunal received a written request for Status on behalf of the Leaside Residents Association (“LRA”) from Geoff Kettel, a co-president of the LRA. LRA represents various landowners east of Bayview from Glenvale Boulevard to Moore Avenue. Similar to BARA, LRA raised concerns in relation to land use planning and urban design, emphasizing the importance of coordinated development in the Bayview Focus Area.
10Although the request form submitted was a Participant Status form, in the body of the request, LRA mentioned an intent to request Party status, causing some confusion. Mr. Kettel advised in an email following the CMC that LRA’s intent was to seek Participant status and attached an updated Participant Status request form removing the reference to an intent to seek Party Status. The Tribunal granted Participant Status to the LRA with no objection.
PROCEDURAL ORDER/ISSUES LIST AND REQUEST FOR HEARING DATES
11Some of the Parties were without instructions and therefore draft issues lists were not submitted in advance of the CMC. As such, the Tribunal declined a request from the Appellant to set hearing dates. Instead, the Parties were directed to provide detailed issues lists and availability for a hearing in Spring 2027 to counsel for the Appellant no later than noon on Friday, May 8, 2026.
12Counsel for the Appellant was directed to submit a draft procedural order and issues list for the Tribunal’s review and approval along with a request for hearing dates to be set administratively no later than noon on Friday, May 15, 2026.
13Should the Parties require further case management, they are free to request the scheduling of a subsequent CMC.
ORDER
14The case management directives above are so ordered.
15There will be no further notice and this Member is not seized, but may be available for case management should the Tribunal’s calendar permit.
“S.Braun”
S. Braun
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.