Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 11, 2026
CASE NO(S).: OLT-24-001142
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Gabriele Homes Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of an 11-storey mixed-use building.
Reference Number: 15 171595 STE 32 OZ
Property Address: 847-855 Kingston Road
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-001142
OLT Lead Case No.: OLT-24-001142
OLT Case Name: Gabriele Homes Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Gabriele Homes Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of an 11-storey mixed-use building.
Reference Number: 15 171595 STE 32 OZ
Property Address: 847-855 Kingston Road
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-001143
OLT Lead Case No.: OLT-24-001142
OLT Case Name: Gabriele Homes Ltd. v. Toronto (City)
APPEARANCES:
Parties
Counsel*/Representative
Gabriele Homes Ltd.
Mark Flowers Alexia Ivo (student at law)
City of Toronto
Jessica Braun
Toronto and Region Conservation Authority (“TRCA”)
Matthew Rutledge
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY CARMINE TUCCI
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on May 04, 2026, is hereby amended.
2By changing the bulletpoint in paragraph [10] from:
o Increased setbacks from the Lake Toe of Slope Stability Crest (“LTSSC”) to better address erosion risks and ecological buffering:
To:
o Increased setbacks from the Long Term Stable Slope Crest (“LTSSC”) to better address erosion risks and ecological buffering:
3In all other respects, the Tribunal’s Decision remains the same.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: www.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.