Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 21, 2026
CASE NO(S).:
OLT-25-000068
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
A- O Bayview Inc.
Appellant
Amexon Development Inc.
Appellant
Autumn Peak Developments Inc.
Appellant
Bayview Village Holdings Inc.
and others
Subject:
Official Plan Amendment 777
Description:
the Sheppard East Secondary Plan
Reference Number:
19 254260 NNY 17 OZ
Property Address:
City Wide (Sheppard Ave. East)
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-25-000068
OLT Case Name:
A- O Bayview Inc. v. Toronto (City)
Heard:
May 15, 2026 by video hearing
APPEARANCES:
Parties
Counsel
City of Toronto
L. Bisset
J. Dexter
Appellants and Added Parties
See Attachment 1
MEMORANDUM OF ORAL DECISION DELIVERED BY kurtis smith ON may 15, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The third Case Management Conference (“CMC”) was held in relation to the 14 active appeals to the City of Toronto (“City”) Official Plan Amendment 777 (“OPA 777”), being the Shappard East Secondary Plan (“SESP”). The purpose of OPA 777 is outlined in the previous CMC decisions and need not be repeated.
2The City maintains a list of Appellants, Added Parties and Participants, attached hereto as Attachment 1. Persons seeking corrections or changes to the list should contact the City. Should a Party wish more than one counsel to always appear on the list, please advise the City for future updates of Attachment 1.
3Since the conclusion of the second CMC the City, Appellants and Parties engaged in 13 full days of Tribunal-led mediation sessions, and have three more days scheduled for May 25, 27, 29, of 2026. The deadlines ordered at the second CMC were suspended to facilitate the mediation process.
4A12 - Rockbrook Developments Inc. withdrew their appeal in advance of this CMC.
CASE UPDATE
5City Counsel informed the Tribunal that they intend to seek instructions with respect to modifications to SESP from City Council during the July 29-31, 2026 Council meeting. Therefore, they requested that a fourth CMC be set for the week of September 28, 2026, and for deadlines to be established in relation relating to Appellants scoping appeals and producing Issues Lists (“IL”), Non-Appellant Parties advising as to issues under which they intend to shelter, and the submission of a Draft Procedural Order (“DPO”) and IL to the Tribunal.
6No objections were raised regarding the scheduling of a fourth CMC or the establishment of deadlines.
7Additionally, the City requested to schedule a three week hearing for March of 2027. The City communicated that they anticipate that they will call five witnesses and would require 5-7 days, and that the Appellants would work together to reduce overlap and evidence for the remainder of the hearing time. Further stating that they expect full or partial resolution of some appeals, resulting in a reduction or hearing time required. City Counsel further communicated that the SESP was adopted in December of 2024 and therefore the request to schedule the merit hearing is sensible.
8No Appellant or Party spoke in support of the City to schedule a merit hearing at this time.
9Several Appellants raised concerns about scheduling a merit hearing at this stage. The Tribunal agrees based on the following concerns that were raised; the City is seeking modification to the SEPS to City Council in July, the appeals have not been scoped to a geographical area or policies, the ILs have not been established, the added parties have not sheltered, the DPO has not been approved, and mediation is ongoing.
NEXT STEPS AND FOURTH CASE MANAGEMENT CONFERENCE
10The Tribunal established the following deadlines that will lead up to the fourth CMC:
Date
Event
Monday, August 17, 2026
Appellants and parties to confirm scope of appeals (geography and policy)
Friday, August 21, 2026
Appellants and parties to provide the City with Issues Lists to be incorporated into a Draft Procedural Order
Friday, August 28, 2026
Non-Appellant parties to advise as to the issues under which they intend to shelter
Noon, Friday, September 18, 2026
Draft Procedural Order and Issues List to be filed with OLT
11The fourth CMC will be held on Monday, September 28, 2026, at 10 a.m. by video hearing. The principal purpose of the fourth CMC will be to review and approve the DPO and IL, and to schedule the merit hearing for April of 2027, if the Tribunal calendar and witness availability permits.
12Parties 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/638422541
Access code: 638-422-541
13Parties 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
14Persons 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: 638-422-541.
15Individuals 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.
16As 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.
ORDER
17The Tribunal Orders its rulings and directions as set out above.
“Kurtis Smith”
Kurtis Smith
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.
ATTACHEMENT 1
Appellant Name
Contact Information
Address
A1
Wycliffe Square Limited
Goodmans LLP
Bay Adelaide Centre, West Tower
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7
Joe Hoffman (in absentia)
416-597-5168
Max Laskin
794-806 Sheppard Avenue East
A2
JFJ Development Inc., 2393678 Ontario Inc., and 2594025 Ontario Inc.
Goodmans LLP
Bay Adelaide Centre, West Tower
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7
Max Laskin
416-597-6938
589 Sheppard Avenue East and 7-11 Barberry Place
A3
A-O Bayview Inc.
Davies Howe LLP
425 Adelaide Street, 10th Floor
Toronto, ON M5V 3C1
Mark Flowers
416-263-4513
2810-2816 and 2818 Bayview Avenue
A4
Maziar Moini
Mazierski Law
3507-88 Scott Street
Toronto, ON M5E 0A9
Martin Mazierski
647-569-1420
27 Barberry Place
A5
SangWoo Bae and Lee Soonok Bae
(Counsel to be determined)
25 Barberry Place
A6
YMCA of Greater Toronto
ADJOURNED
Kagan Shastri DeMelo Winer Park LLP
250 Yonge Street
Suite 2302, PO Box 65
Toronto, ON M5B 2L7
Jason Park / Adrian Frank
416-645-4572 / 416-645-4582
~~jpark@ksllp.ca~~ / ~~afrank@ksllp.ca~~
567 Sheppard Avenue East
A7
Toronto Catholic District School Board
Miller Thomson LLP
Scotia Plaza
40 King Street West, Suite 5800
PO Box 1011
Toronto, ON M5H 3S1
Tara Piurko / Jesse White
416-595-2647 / 416-597-4371
tpiurko@millerthomson.com / tjwhite@millerthomson.com
396 Spring Garden Avenue (St. Gabriel Catholic School)
A8
Canadian Tire Corporation, Limited and Canadian Tire Properties Inc.
Cassels Brock & Blackwell LLP
Suite 3200, Bay Adelaide Centre – North Tower, 40 Temperance Street
Toronto, ON M5H 0B4
Signe Leisk (in absentia) / Adrianna Pilkington (in absentia) / Jennifer Evola
416-859-5411 / 416-860-6453 / 416-860-6753
sleisk@cassels.com / apilkington@cassels.com/
1009, 1015, and 1019 Sheppard Avenue East
A9
Concord Adex Corporation, Concord Adex Investments Limited, 2624879 Ontario Inc., and 2768831 Ontario Inc.
Davies Howe LLP
425 Adelaide Street, 10th Floor
Toronto, ON M5V 3C1
Mark Flowers
416-263-4513
68 and 75 Esther Shiner Boulevard; 25, 27, 85, 95, 115, 117, and 121 McMahon Drive; 18 and 75 Billes Heights; 15, 19, 25, 29, and 33 Singer Court; 75 Ethennonnhawahstihnen’ Lane (formerly part of 1001 Sheppard Avenue East); and 1001, 1125, and 1181 Sheppard Avenue East
A10
Burbank Heights Development Inc.
Cassels Brock & Blackwell LLP
Suite 3200, Bay Adelaide Centre – North Tower, 40 Temperance Street
Toronto, ON M5H 0B4
Signe Leisk (in absentia) / Adrianna Pilkington (in absentia) / Jennifer Evola
416-859-5411 / 416-860-6453 / 416-860-6753
sleisk@cassels.com / apilkington@cassels.com/
690-720 Sheppard Avenue East
A11
Autumn Peak Developments Inc.
Cassels Brock & Blackwell LLP
Suite 3200, Bay Adelaide Centre – North Tower, 40 Temperance Street
Toronto, ON M5H 0B4
Signe Leisk (in absentia) / Adrianna Pilkington (in absentia) / Jennifer Evola
416-859-5411 / 416-860-6453 / 416-860-6753
sleisk@cassels.com / apilkington@cassels.com/
680 and 688 Sheppard Avenue East
A12
Rockbrook Developments Inc.
WITHDREW
Cassels Brock & Blackwell LLP
Suite 3200, Bay Adelaide Centre – North Tower, 40 Temperance Street
Toronto, ON M5H 0B4
Signe Leisk / Adrianna Pilkington
416-859-5411 / 416-860-6453
~~sleisk@cassels.com~~ / apilkington@cassels.com
71 Talara Drive
A13
Amexon Developments Inc. and Heritage York Holdings Inc.
McMillan LLP
Brookfield Place, 181 Bay Street, Suite 4400
Toronto, ON M5J 2T3
Mary Flynn-Guglietti (in absentia) / Christie Gibson
416-865-7256 / 416-307-4057
1200, 1210, and 1220 Sheppard Avenue East
A14
bcIMC Realty Corporation
McCarthy Tetrault LLP
PO Box 48, Suite 5300
Toronto-Dominion Bank Tower
Toronto, ON M5K 1E6
Cynthia MacDougall
416-601-7643
Brendan Smith
416-601-8356
2911 Bayview Avenue
A15
Bayview Village Holdings Inc.
McCarthy Tetrault LLP
PO Box 48, Suite 5300
Toronto-Dominion Bank Tower
Toronto, ON M5K 1E6
Cynthia MacDougall
416-601-7643
Brendan Smith
416-601-8356
2901 Bayview Avenue and 630 Sheppard Avenue East
A16
BLOCK (GREENBRIAR) DEVELOPMENTS LIMITED
Aird & Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800
Toronto, ON M5J 2T9
Sidonia Tomasella / Naomi Mares (in absentia)
416-865-7763 / 647-426-2842
stomasella@airdberlis.com / nmares@airdberlis.com
"The properties located along Greenbriar Road" (22-36 Greenbriar Road, plus additional lands)
A17
Amir Charmchi and 1837537 Ontario Inc.
ADJOURNED
Aird & Berlis LLP
Brookfield Place, 181 Bay Street, Suite 1800
Toronto, ON M5J 2T9
Matthew Helfand
416-865-4624
635 Sheppard Avenue East and 1 Greenbriar Road
Parties
Party Name
Contact Information
Address
P1
Toronto Lands Corporation
Borden Ladner Gervais LLP 22 Adelaide Street West, Suite 3400 Bay Adelaide Centre, East Tower Toronto, ON M5H 4E3
Pitman Patterson (in absentia) / Julie Lesage 416-367-6109 / 416-367-6276
ppatterson@blg.com / jlesage@blg.com
50 Ethennonnhawahstihnen’ Lane
P2
Lencroft Holdings Inc.
Davies Howe LLP
425 Adelaide Street, 10th Floor
Toronto, ON M5V 3C1
Mark Flowers
416-263-4513
2818 Bayview Avenue
Participants
Participant Name
Contact Information
Address
P1
Sheppard Avenue east Community Group (SAECG) (Incorporated Not-for-Profit)
David Reid
416-755-4862
saecgus@gmail.com / davidareidhome@gmail.com
“The members are in buildings located beside and to the north of 680/688 Sheppard East and near other developments being pursued by appellants in this Tribunal Case.”