Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 17, 2026
CASE NO.:
OLT-22-004067
OLT-22-004068
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant/Appellant:
Bayview Sheppard Developments Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
to permit two towers (35 and 39 storeys)
Reference Number:
21 235569 NNY 18 OZ
Property Address:
500 Sheppard Avenue East
Municipality/UT:
City of Toronto
OLT Case No.:
OLT-22-004067
OLT Lead Case No.:
OLT-22-004067
OLT Case Name:
Bayview Sheppard Developments Limited v Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number:
21 235569 NNY 18 OZ
Property Address:
500 Sheppard Avenue East
Municipality/UT
Toronto
OLT Case No.:
OLT-22-004068
OLT Lead Case No.:
OLT-22-004067
BEFORE:
P. TOMILIN
Thursday, the 16^th^
MEMBER
day of April, 2026
THE MATTER having come on for a public hearing on September 6, 2023, and the Ontario Land Tribunal (the “Tribunal”) by way of an oral decision interim order issued on November 1, 2023 (the “Interim Order”) having determined that the appeals under subsections 22(7) and 34(11) of the Planning Act (the “Appeals”) regarding the lands known municipally in the City of Toronto as 500 Sheppard Avenue East (the “Lands”) should be allowed, in part;
AND THE TRIBUNAL, in paragraph 19 of the Interim Order, having approved the development of the Lands, in principle, contingent upon confirmation, satisfaction or receipt of certain prerequisite matters identified in paragraph 20 of the Interim Order (the “Pre-Conditions”);
AND THE TRIBUNAL having been advised that the Pre-Conditions have been addressed to the satisfaction of the City of Toronto;
AND THE TRIBUNAL being satisfied that its direction as set out in the Interim Order has been met;
THE TRIBUNAL HEREBY ORDERS that the Appeals are allowed, in part, and that the Official Plan for the City of Toronto, as amended, is hereby amended in the manner as set out in Attachment “1” to this Order and that Zoning By-law No. 569-2013 for the City of Toronto, as amended, is hereby amended in the manner as set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this by-law for record keeping purposes.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
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.
ATTACHMENT 1
AMENDMENT TO THE CITY OF TORONTO OFFICIAL PLAN
Authority: Ontario Land Tribunal Decision and Order issued on November 1, 2023, in Tribunal File OLT-22- 004067
CITY OF TORONTO
BY-LAW No. 20 (OLT)
To adopt Amendment No. ~ to the Official Plan for the City of Toronto in respect of lands municipally known as 500 Sheppard Avenue East in the year 2025
Whereas the proposed official plan amendment was appealed to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
Whereas the Ontario Land Tribunal, by its Decision and Order issued on November 1, 2023, in File OLT-22-004067, approved amendments to the Official Plan for the City of Toronto with respect to the lands;
The Ontario Land Tribunal Orders:
- The attached Amendment No. XXX to the Official Plan is hereby in force to the Planning Act, as amended.
Pursuant to Ontario Land Tribunal Decision and Order issued on November 1, 2023, in Tribunal File OLT-22-004067.
AMENDMENT NO. ~ TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2025 AS
500 Sheppard Avenue East
The Official Plan of the City of Toronto is amended as follows:
Clause 1
Map 16, Land Use Plan, is amended, as shown on the attached Schedule 1, by redesignating lands from Parks and Open Space Areas to Mixed Use Areas and from Mixed Use Areas to Parks and Open Space Areas at 500 Sheppard Avenue East.
Clause 2
Chapter 6, Section 9 (Sheppard East Subway Corridor Secondary Plan) is amended to allow a density of 11.75 times the lot area for the lands municipally known as 500 Sheppard Avenue East as shown on Map 9-2 Key Development Area on the attached Schedule 2.
Clause 3
Chapter 6, Section 9 (Sheppard East Subway Corridor Secondary Plan) is amended by adding Section 4.2.2.1 (XXX) as shown on Map 9-3 Specific Development Policies on the attached Schedule 3.
Schedule 1
Schedule 2
Schedule 3
ATTACHMENT 2
ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO
Authority: Ontario Land Tribunal Decision issued on November 1, 2023 in Tribunal File OLT-22-004067
CITY OF TORONTO
BY-LAW [Clerks to insert By-law number] (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 500 Sheppard Avenue East.
Whereas the Ontario Land Tribunal, by its Decision issued on November 1, 2023 and its Order issued on September 6, 2023, in respect of Tribunal File OLT-22-004067, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 500 Sheppard Avenue East; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and
The Ontario Land Tribunal Orders:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.1, and applying the following zone label to these lands: CR 1.0 (c1.0; r0.0) SS2 (x1189) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying no value.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the height label in metres and in storeys to these lands: HT 10.5, ST 3, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value.
(1189) Exception CR x1189
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
Site Specific Provisions:
(A) On lands municipally known as 500 Sheppard Avenue East, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (X) below;
(B) Regulation 40.10.20.100 (27) and 150.45 does not apply to a restrict a Day Nursery on the lot.
(C) Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 182.5 metres and the elevation of the highest point of the building or structure;
(D) Despite clause 40.10.30.40, the maximum permitted lot coverage, as a percentage of the lot area, is 55 percent;
(E) Despite regulation 40.10.40.10(7), the permitted maximum height of a building or structure is the number in metres following the letters “HT” as shown on Diagram 4 of By-law [Clerks to insert By-law ##]:
(F) Despite regulations 40.5.40.10(3) to (8) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 4 of By-law [Clerks to insert By-law ##]:
i. equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and overruns, chimneys and vents by a maximum of 7.5 metres
ii. structures that enclose, screen or cover the equipment, structures, architectural features, and parts of a building listed in (i) above, including a mechanical penthouse may project beyond the height listed in (i) above by a maximum of 3.0 metres;
iii. architectural features, parapets, cornices, balustrades, eaves, roof drainage, vents, and elements and structures associated with a green roof, may project beyond the height listed in (i) above by a maximum of 2 metres;
iv. building maintenance units and window washing equipment, may project beyond the height listed in (i) above by a maximum of 6.0 metres;
v. planters, landscaping features, guard rails, window sills, fences, awnings, light fixtures and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;
vi. antennae, flagpoles, lightning rods, and satellite dishes may project beyond the height listed in (i) above by a maximum of 3.0 metres; and
vii. trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres.
(G) For the purposes of this exception, a “mezzanine” means a floor between the ground floor and second floor. A mezzanine does not constitute a storey;
(H) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, including the mezzanine, is 4.5 metres, and is measured between the floor of the first storey, as measured from established grade, and the floor of the second storey.
(I) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 61,100 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 57,600 square metres; and
(ii) the required minimum gross floor area for non-residential uses is 3,400 square metres.
(J) In addition to the permitted gross floor area reductions of Regulation 40.5.40.40(3), the gross floor area is reduced by the area in the building used for:
(iii) Storage rooms, washrooms, electrical rooms, utility rooms, mechanical rooms, moving room, mail and parcel room, firefighter central alarm control facilities (CACF), hallways and elevator vestibules below ground, and residential garbage rooms below ground and on the first storey; and
(iv) Mechanical and ventilation shafts;
(K) Despite regulation 40.10.40.50(1)(A), a building with 20 or more dwelling units must provide amenity space at the following rate:
(v) at least 1.7 square metres for each dwelling unit as indoor amenity space;
(vi) at least 2.0 square metres of outdoor amenity space for each dwelling unit of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space.
(vii) no more than 25 percent of the outdoor component may be a green roof; and
(viii) indoor amenity space may include guest suites that do not exceed an aggregate interior floor area of 100 square metres.
(L) Despite regulation [40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law ##];
(M) Despite regulation [40.10.40.80(1) or (2)], the required separation of main walls are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law ##];
(N) Despite Clause [40.10.40.60] and (L) and (M) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(vii) decks, porches, and balconies, by a maximum of 2.0 metres;
(viii) canopies and awnings, by a maximum of 3.0 metres;
(ix) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.5 metres;
(x) architectural features, ornamental elements such as a parapets, pilaster, decorative column, lighting fixtures, railing, cornice, sill, belt course, or chimney breast, by a maximum of 0.8 metres;
(xi) window projections, including bay windows and box windows, by a maximum of 0.6 metres;
(xii) eaves, by a maximum of 0.9 metres;
(xiii) air conditioners, satellite dishes, antennae, vents, pipes, by maximum of 0.9 metres.
(xiv) exterior stairs and stair enclosures, vehicle access ramps and wheel chair accessible ramps and associated structures by a maximum of 12.5 metres; and
(xv) Outdoor amenity floors by a maximum of 2.5 metres.
(xvi) Balconies located between a geodetic height of 187.4 m and 200.9 m by a maximum of 2.5 metres;
(O) Architectural features and cladding of balconies and terraces may encroach beyond the maximum encroachment listed in (N) above by a maximum of 0.5 metres;
(P) Despite regulation 200.5.10.1(1), Table 200.5.10.1, and clause 200.15.10.10, parking spaces must be provided in accordance with the following:
(i) a maximum of 0.3 for each dwelling unit;
(ii) a minimum of 2.0 plus 0.01 per dwelling unit for visitor parking spaces and for non-residential uses;
(iii) a minimum of 8 accessible parking spaces; and
(xvii) for the purposes of this exception “car-share” means the practice whereby a number of people share the use of one or more motor vehicles and such “car-share” motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental.
(Q) Despite Regulation 200.5.1.10(2)(A) and (D) a maximum of 10% of the parking spaces referenced in (P) above may be obstructed on one or both sides without being required to provide additional width for the obstructed sides of the parking space;
(R) Despite regulation 230.5.1.10(4)(B), the minimum dimension of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is:
i. length of 1.2 metres;
ii. width of 0.46 metres; and
iii. vertical clearance of 1.2 metres;
(S) Despite regulation 230.5.1.10(4)(A) and 230.5.1.10(4)(C), the required minimum dimensions of a stacked bicycle parking space are;
i. length of 1.2 metres;
ii. width of 0.35 metres; and
iii. vertical clearance of 1.0 metres.
(T) Despite regulation 230.5.1.10(9)(B), a required "long-term" and “short-term” bicycle parking space for a dwelling unit in a mixed-use building may be located:
i. on the first storey of the building, including the mezzanine;
ii. on the second storey of the building;
iii. below grade within a secured room or enclosure or unenclosed space, or bike locker or combination thereof; and
iv. on the same lot, outside the building.
(U) Despite regulation 230.5.1.10(4)(B), the minimum dimension of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is:
i. length of 1.2 metres;
ii. width of 0.46 metres; and
iii. vertical clearance of 1.2 metres.
(V) Despite regulation 230.5.1.10(4)(A)(ii), the required minimum dimensions of a stacked bicycle parking space are:
i. length of 1.2 metres;
ii. width of 0.35 metres; and
iii. vertical clearance of 1.0 metres.
(W) Despite regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space; and
(X) Despite regulation 230.40.1.20(2), a "short-term" bicycle parking space may be no more than 40 metres from a pedestrian entrance to a building on the lot.
Prevailing By-laws and Prevailing Sections: None Apply