Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 29, 2026

CASE NO.: OLT-26-000079

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: KAP Holdings Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit an apartment building with a maximum height of 21-storeys Reference Number: OZ-9749 Property Address: 1164-1170 Richmond Street Municipality/UT: London/Middlesex OLT Case No.: OLT-26-000079 OLT Lead Case No.: OLT-26-000079 OLT Case Name: Kap Holdings Inc. v. London (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: KAP Holdings Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit an apartment building with a maximum height of 21-storeys Reference Number: Z-25117 Property Address: 1164-1170 Richmond Street Municipality/UT: London/Middlesex OLT Case No.: OLT-26-000080 OLT Lead Case No.: OLT-26-000079

BEFORE:

G.A. Croser MEMBER

Monday, the 23rd day of March, 2026

UPON APPEALS having been brought pursuant to sections 22(7) and 34(11) of the Planning Act by KAP Holdings Inc., resulting from the refusal of the City of London to grant applications for an Official Plan Amendment and Zoning By-law Amendment in relation to the property located at 1164-1170 Richmond Street. The amendments are required to permit the construction of an apartment building with a maximum height of 21-storeys with a density of 512 units per hectare.

AND THE TRIBUNAL, marked as Exhibit 1, the Affidavit of Service attesting to proper Notice having been given for this Case Management Conference (“CMC”), proceeded to conduct a CMC on March 23, 2026.

AND THE TRIBUNAL, having received a request for Participant Status from Susan Bentley, Diana Thompson-Hayman, and Khadry Galil;

AND THE TRIBUNAL, having considered their submissions, and with the consent of KAP Holdings Inc. and the City of London, granted Participant Status to Susan Bentley, Diana Thompson-Hayman, and Khadry Galil;

AND THE TRIBUNAL confirmed the Parties’ awareness of Tribunal-led mediation;

AND THE TRIBUNAL at the CMC having scheduled a Hearing to commence on Friday, November 13, 2026 commencing at 10 a.m. to Friday, November 20, 2026 by videoconference, the Tribunal will not be sitting on Monday, November 16, 2026.

Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/692665589

Access code: 692-665-589

Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 692-665-589.

Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.

THE TRIBUNAL ORDERS THAT:

1. The Procedural Order appended as Attachment 2 shall govern the conduct of this proceeding; and
2. Participant Status is granted to Susan Bentley, Diana Thompson-Hayman, and Khadry Galil.

“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

CMC Attendance List

Party Name	Counsel
Kap Holdings Inc.	Meaghan Barrett Matthew Helfand (in absentia)
City of London	Aynsley Hovius

ATTACHMENT 2

ISSUE DATE: CASE NO(S).: OLT-26-000079

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: KAP Holdings Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit an apartment building with a maximum height of 21-storeys Reference Number: OZ-9749 Property Address: 1164-1170 Richmond Street Municipality: London/Middlesex OLT Case No.: OLT-26-000079 OLT Lead Case No.: OLT-26-000079 OLT Case Name: Kap Holdings Inc. v. London (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: KAP Holdings Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit an apartment building with a maximum height of 21-storeys Reference Number: Z-25117 Property Address: 1164-1170 Richmond Street Municipality: London/Middlesex OLT Case No.: OLT-26-000080 OLT Lead Case No.: OLT-26-000079

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The hearing will commence on Friday, November 13, 2026 at 10:00 a.m. and will end on Friday, November 20, 2026 by video hearing.

3. The parties’ initial estimation for the length of the hearing is 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.

GoTo Meeting: https://global.gotomeeting.com/join/692665589

Access code: 692-665-589

5. Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html

6. Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889.

7. Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

8. The parties and participants identified at the case management conference are set out in Attachment 1.

9. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it. Notwithstanding the foregoing, the Issues List may be amended on the consent of the parties to remove Issues that are resolved or no longer relevant.

10. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

11. The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.

12. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

13. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

14. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, August 7, 2026 (at least 98 days prior to the start of the hearing) and in accordance with paragraph 27 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

15. Expert witnesses in the same field shall have a meeting on or before Tuesday, August 25, 2026 (at least 80 days prior to the start of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, August 28, 2026 (at least 77 days prior to the start of the hearing).

16. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 18 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

17. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 18 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 16 above.

18. On or before Monday, September 14, 2026 (at least 60 days prior to the start of the hearing), the parties shall provide copies of their witness or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 27 below.

19. On or before Monday, September 14, 2026 (at least 60 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 27 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

20. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fifteen (15) days after the evidence is received and in accordance with paragraph 27 below (being Tuesday, September 29, 2026).

21. On or before Friday, October 9, 2026 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

22. On or before Friday, October 30, 2026 (at least 14 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 27 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

23. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Tuesday, November 3, 2026 (at least 10 days prior to the start of the hearing).

24. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

25. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

26. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, November 3, 2026 (at least 10 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

27. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

28. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

29. A summary of the various procedural dates is contained in Attachment 5.

30. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

LIST OF PARTIES / PARTICIPANTS

Parties:

KAP Holdings Inc. Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9

Matthew Helfand Tel: 416.865.4624 Email: mhelfand@airdberlis.com

Meaghan Barrett Tel: 416.865.3064 Email: mbarrett@airdberlis.com

City of London 300 Dufferin Avenue London, ON N6B 1Z2

Aynsley Hovius Tel: 519-661-2489 Ext: 2484 Email: ahovius@london.ca

Participants:

Susan Bentley sebentley@rogers.com

Diana Thompson-Hayman charcaszach@icloud.com

Khadry Galil kgalil@uwo.ca

ATTACHMENT 2

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet. No Party shall make submissions or tender evidence on an issue not identified on the Issues List without leave of the Tribunal.

ISSUES LIST

1. Do the proposed official plan amendment and zoning by-law (collectively, the “Development Proposal”) have regard for the following matters of provincial interest set out in Section 2 of the Planning Act, particularly clauses (h), (j), (n), (q) and (r)?

2. Is the Development Proposal consistent with the following policies of the Provincial Planning Statement, 2024, including section 2.2.1, 2.3.1 and 2.4.1?

3. Does the Development Proposal conform with The London Plan, 2016 policies, including:

• Key Directions – Directions #5 and #8
• The Growth Framework – Intensification, in particular policies 79-81
• Primary Transit Area, in particular policies 90, 91, 92_3 and 92_8
• Form: 197, 252, 253, 255, 259, 266-272, 286-287, 289, 292, 293, 298
• Urban Place Types Framework, in particular policies 789-792
• Heights: Table 8
• Rapid Transit and Urban Corridors, in particular policies 826-841 and 862
• Specific Policies for the Neighbourhoods Place Type – Near-Campus Neighbourhood, in particular policies 962-970
• Planning and Development Controls – policies 1638, 1640 and 1641
• Specific policy: 1729-1734

4. Does the Development Proposal represent good land use planning, and is it in the public interest?

ATTACHMENT 3

ORDER OF EVIDENCE

1. KAP Holdings Inc.
2. City of London
3. KAP Holdings Inc., in reply (if any)

ATTACHMENT 4

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

ATTACHMENT 5

SUMMARY OF DATES

DATE	EVENT
Friday, August 7, 2026 (98 days prior to hearing)	Exchange of witness lists (names, disciplines and order to be called)
Tuesday, August 25, 2026 (80 days prior to hearing)	Experts meeting prior to this date, if such meeting occurs
Friday, August 28, 2026 (77 days prior to hearing)	Agreed Statement of Facts, if meeting occurs and matters agreed to
Monday, September 14, 2026 (60 days prior to hearing)	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
Tuesday, September 29, 2026 (45 days prior to hearing)	Exchange of written response to written evidence (if any)
Friday, October 9, 2026 (35 days prior to hearing)	Parties shall confirm with the Tribunal if all the reserved hearing dates are still required
Friday, October 30, 2026 (14 days prior to hearing)	Exchange of visual evidence (if any)
Tuesday, November 3, 2026 (10 days prior to hearing)	Final Hearing Plan filed with the Tribunal
Tuesday, November 3, 2026 (10 days prior to hearing)	Finalize Joint Document Book
Friday, November 13, 2026	Hearing commences (5 days)

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