Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 14, 2026
CASE NO.: OLT-22-001924
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Novi Properties Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit an infill development consisting of a 14-storey purpose built rental and a 10-storey residential condominium
Reference Number: 20 230695 NNY 17 OZ
Property Address: 10 Ruddington Drive
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-001924
OLT Lead Case No.: OLT-22-001924
OLT Case Name: Novi Properties Inc. v. Toronto (City)
BEFORE:
S. TOUSAW VICE-CHAIR
Wednesday, the 13th day of May, 2026
THIS MATTER in respect to the lands at 10 Ruddington Drive in the City of Toronto (the “Subject Property”), having been before the Ontario Land Tribunal (the “Tribunal”) at a public hearing on March 17, 2023;
AND THE TRIBUNAL having issued its interim decision on July 13, 2023 (the “Decision”) that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) be allowed in part, and that the proposed Zoning By-law Amendment be approved in principle;
AND THE TRIBUNAL having withheld its Final Order, pending the satisfaction of conditions included in Paragraph 22 of the Decision, including receipt of the final form of the Zoning By-law Amendment in respect to the Subject Property;
AND THE TRIBUNAL now having received confirmation from the Appellant and the City of Toronto of the fulfillment of the conditions of the Decision related to the Zoning By-law Amendment application, including confirmation of the final form of the Zoning By-law Amendment, satisfactory to the City of Toronto, attached hereto as Schedule “A”;
THE TRIBUNAL ORDERS that the Appeal is allowed in part, and that City of Toronto Zoning By-law No. 569-2013, as amended, is hereby amended in the manner set out in Schedule “A” to this Order;
AND THE TRIBUNAL ORDERS that the municipal clerk is authorized to format, as may be necessary, and assign a number to these by-laws for record keeping purposes;
AND THE TRIBUNAL FURTHER ORDERS that in the event that there are any difficulties implementing this Order, or if any changes are required to be made, the Tribunal may be spoken to.
“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.
Schedule A
Authority: Ontario Land Tribunal Interim Order issued on July 12, 2023 and Ontario Land Tribunal Final Order issued on [-] in Tribunal File OLT-22-001924
CITY OF TORONTO
BY-LAW -2026(OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 10 Ruddington Drive.
Whereas the Ontario Land Tribunal, in its Interim Order issued on July 12, 2023 and its Final Order issued on [date], in file OLT-22-001924, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2025 as 10 Ruddington Drive; and
Whereas pursuant to Section 36 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, use a holding symbol "(H)" in conjunction with any use designation to specify the use to which lands, buildings or structures may be put once Council removes the holding symbol "(H)" by amendment to the by-law; and
Whereas the Official Plan for the City of Toronto contains provisions relating to the use of holding symbol "(H)";
The Ontario Land Tribunal, by Order, amends Zoning By-law 569-2013, as amended, as follows:
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, 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 990.10 and applying the following zone label to these lands: (H) RA (x292) and O 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 Lot Coverage Overlay Map in Article 995.30.1 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 no value.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number (H) RA x292 so that it reads:
(292) Exception (H) RA 292
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 10 Ruddington Drive, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (W);
(B) The lot consists of those lands shown on Diagram 1 attached to the By-law [Clerks to insert By-law number];
(C) For the purposes of By-law [Clerks to insert By-law number], "Building A", "Existing Building B" and "TH Blocks A, B & C" are those buildings labelled "Building A", "Existing Building B" and "TH Blocks A, B & C" on Diagram 3 attached to and forming part of this By-law, where "Existing Building B" shall mean the existing building and structures municipally known as 10 Ruddington Drive that existed on the lot as of March 7, 2023;
(D) Despite Regulations 15.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 180.03 metres and the elevation of the highest point of the building or structure for "Building A", and 177.50 metres Canadian Geodetic Datum for "TH Blocks A, B & C";
(E) Despite Regulation 15.5.40.10(1) and (2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" and "ST" as shown on Diagram 3 of By-law [Clerks to insert By-law number];
(i) the only residential use permitted on Storey 14 is amenity space;
(F) Despite (E) above, the height of the "Existing Building B" shall not exceed the height of such building as it existed on the lot on March 7, 2023;
(G) Despite 15.10.20.40(1), a dwelling unit is permitted on the lot in the following residential building types:
(i) Apartment Building;
(ii) Townhouse; and
(iii) Duplex;
(H) The provision of dwelling units in "Building A" as shown on Diagram 3 to By-law [Clerks to insert By-law number] must comply with the following:
(i) The maximum number of dwelling units permitted is 220;
(ii) a minimum of 15 percent of dwelling units with two bedrooms; and
(iii) a minimum of 10 percent of dwelling units with three bedrooms;
(I) Despite Regulation 15.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 36,628 square metres, of which:
(i) the permitted maximum gross floor area for "Building A" is 17,700 square metres;
(ii) the permitted maximum gross floor area for "Existing Building B" is 16,428 square metres; and
(iii) the permitted maximum gross floor area for "TH Blocks A, B & C" is 2,500 square metres;
(J) Despite Regulations 15.5.40.10 (2), (3), (4), (5) and (6) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:
(i) Building A:
(a) building maintenance units and window washing equipment, by a maximum of 4.5 metres, only permitted in the areas labelled as ST 10 and ST 13 on Diagram 3;
(b) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres, only permitted in the areas labelled as ST 10 and ST 13 on Diagram 3;
(c) architectural features, planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, parapets, by a maximum of 2.0 metres, only permitted in the areas labelled as ST 10 and ST 13 on Diagram 3; and
(d) elements and structures associated with a green roof, by a maximum of 2.0 metres;
(ii) For TH Blocks A, B & C:
(a) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, building maintenance units, by a maximum of 3.0 metres;
(b) structures that enclose, parts of a building listed in (i) above, by a maximum of 3.0 metres; and
(c) parapets, elements of a green roof by a maximum of 2.0 metres;
(K) Despite Clauses 15.10.40.70 and 15.10.40.80, the required minimum building setbacks and separation distances between main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(L) Despite Clause 15.5.40.60 and (K) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) Building A
(a) decks, porches, balconies, exterior stairs, access ramps and elevating devices, by a maximum of 3.5 metres;
(b) architectural features, such as pillars, entrance canopies including supporting structures, canopies and awnings, and decorative screens attached to canopies, by a maximum of 5.0 metres;
(c) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, air conditioners, satellite dishes, antennae, vents, and pipes, or chimney breast, by a maximum of 1.0 metres; and
(d) eaves, by a maximum of 0.5 metres;
(ii) TH Blocks A, B & C
(a) decks, porches, balconies, exterior stairs, and access ramps, by a maximum of 4.5 metres;
(b) canopies and awnings, by a maximum of 2.5 metres;
(c) architectural features, such as a pilaster, decorative column, cornice, sill, air conditioners, satellite dishes, antennae, vents, and pipes, belt course, dormer, or chimney breast, window projections, including bay windows and box windows, by a maximum of 1.0 metre; and
(d) eaves, by a maximum of 0.5 metres;
(M) Despite Regulation 15.10.40.50(1), amenity space on the lot must be provided and maintained in accordance with the following:
(i) at least 2.0 square metres for each dwelling unit as indoor amenity space in "Building A";
(ii) at least 2.0 square metres for each dwelling unit as outdoor amenity space in "Building A";
(iii) no amenity space shall be required for "TH Blocks A, B & C"; and
(iv) 175 square metres of outdoor amenity space for "Existing Building B";
(N) Despite Clause 15.5.50.10, a minimum of 5,200 square metres of landscaping must be provided on the lot, of which 2,800 square metres must be soft landscaping;
(O) Regulation 15.5.80.30(1) with respect to the separation of a surface parking space from any main wall of an apartment building does not apply;
(P) Despite 15.5.100.1(1)(B), a driveway within 10.0 metres of a lot line abutting a street may have a maximum width of 7.5 metres;
(Q) Despite Regulation 970.10.15.5(5) and Table 970.10.15.5, parking spaces must be provided in accordance with the following:
(i) a minimum of 0.51 residential parking spaces for each dwelling unit in "Building A";
(ii) a minimum of 0.10 residential visitor parking spaces for each dwelling unit in "Building A";
(iii) a minimum of 1.0 residential parking spaces for each dwelling unit in "TH Blocks A, B & C";
(iv) a minimum of 0.04 residential visitor parking spaces for each dwelling unit in "TH Blocks A, B & C"; and
(v) a maximum of 3 "car-share parking spaces";
(R) Car share parking spaces are permitted on lands zoned (H) RA 292 in accordance with the following:
(i) A reduction of 4 resident parking spaces will be permitted for each of the car-share parking spaces on the lands zoned (H) RA 292, to a maximum reduction of 12 resident parking spaces;
(S) Despite Regulation 200.15.1(4), an accessible parking space must be within 20.0 metres to a barrier free entrance to a building;
(T) Despite any provision of this exception or By-law 569-2013, as amended, parking spaces located in the internal garage of "Existing Building B" existing on the lot, as of March 7, 2023 must be maintained and are deemed to comply with the requirements of By-law 569-2013;
(U) Despite any provision of this exception or By-law 569-2013, as amended, a driveway and surface parking space existing on the lot, as of March 7, 2023 is deemed to comply with the requirements of By-law 569-2013;
(V) Despite Regulation 220.5.10.1(2), one Type "G" loading space is required;
(W) For the purposes of this exception, each word or expression that is in bold font will have the same meaning as such word or expression as defined in Chapter 800 of Zoning By-law 569-2013, as amended, except for the following:
(i) "car-share" means the practice whereby a number of people share the use of one or more vehicles that are owned and operated by a profit or non-profit car-sharing organization, and such car-share vehicles are made available to at least the occupants of the building for short term rental, including hourly rental;
(ii) "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes; and
(iii) "temporary sales/rental office" shall mean a building, structure, facility or trailer or portion thereof, on the lot used for the purpose of the sale and/ or leasing of dwelling units to be erected on the lot related to the construction on the lot.
Prevailing By-laws and Prevailing Sections: None apply
Despite any future severance, partition or division of the lands as shown on Diagram 1, the provisions of this By-law shall apply as if no severance, partition, or division occurred.
None of the provisions of this exception or By-law 569-2013, as amended, shall apply to prevent a "temporary sales/rental office" on the lands as of the date of the passing of this By-law.
Holding Symbol Provisions
(A) The lands zoned with the holding symbol "(H)" delineated by heavy lines on Diagram 1 attached to this By-law must not be used for any purpose other than those uses and buildings existing as of the date of the passing of this By-law, until the holding symbol "(H)" has been removed; and
(B) An amending by-law to remove the holding symbol "(H)" referred to in (A) above may be enacted when the following are fulfilled:
(i) The owner or applicant, at their sole cost and expense has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Director, Engineering Review, Development Review; and
(ii) If the Functional Servicing and Stormwater Management Report accepted and satisfactory from (i) above require any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:
(a) The owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financial secured agreement, all to the satisfaction of the Director, Engineering Review, Development Review; or
(b) The required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report in (i) above are constructed and operational, all to the satisfaction to the Director, Engineering Review, Development Review; and
(iii) All necessary approvals or permits arising from (3)(ii)(a) or (3)(ii)(b) above are obtained, where required all to the satisfaction to the Director, Engineering Review, Development Review.
Ontario Land Tribunal Interim Order issued on July 12, 2023 and Ontario Land Tribunal Final Order issued on [-] in Tribunal File OLT-22-001924.
Diagram 1
Diagram 2
Diagram 3