Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 12, 2026

CASE NO(S).: OLT-25-000575

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

Applicant and Appellant: 5568-5576 Yonge St. Co-Tenancy Subject: Application to amend the Official Plan – Failure to adopt the requested amendment Description: To permit two mixed-use buildings of 35 and 25-storeys in height with a total of 608 dwelling units Reference Number: 22 190116 NNY 18 OZ Property Address: 5576 Yonge Street Municipality/UT: City of Toronto OLT Case No.: OLT-25-000575 OLT Lease Case No.: OLT-25-000575 OLT-Case Name: 5568-5576 Yonge St. Co-Tenancy 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: 5568-5576 Yonge St. Co-Tenancy Subject: Application to amend the Zoning By-law – Refusal Description: To permit two mixed-use buildings of 35 and 25-storeys in height with a total of 608 dwelling units Reference Number: 22 190116 NNY 18 OZ Property Address: 5576 Yonge Street Municipality/UT: City of Toronto OLT Case No.: OLT-25-000576 OLT Lease Case No.: OLT-25-000575

Heard: May 29, 2026 by video hearing

APPEARANCES:

Parties

Counsel

5568-5576 Yonge St. Co-Tenancy

David Bronskill

City of Toronto

Adam Ward Jessica Braun (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON MAY 29, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The decision arises from a Case Management Conference (“CMC”) held in preparation for the appeals by 5568-5576 Yonge St. Co-Tenancy to the City of Toronto’s (“City”) failure to make a decision on the Official Plan Amendment (“OPA”) and the Zoning By-law Amendment (“ZBA”) applications within the statutory timelines.

2The Appellant seeks to develop the lands municipally known as 5576 Yonge Street (“Subject Lands”) to construct a mixed-use building with two towers of 25-storeys and 36-storeys.

3On October 27, 2025, a previous CMC was held to organize the appeal, address any status requests and establish next steps in the process. The purpose of this CMC was to receive an update as to any without prejudice settlement discussions and to schedule a hearing of the appeals.

STATUS REQUESTS

4The Tribunal had received one Participant request since the last CMC, that being by David Cusimano. Mr. Cusimano did not attend the CMC, however, Mr. Bronskill stated that he would endeavour to follow up with Mr. Cusimano concerning his status request. Since the time of this CMC, the Tribunal has received the Participant Statement of Mr. Cusimano and approves his Participant Statement for this matter that is before the Tribunal.

OPPORTUNITIES FOR SETTLEMENT

5Mr. Bronskill stated that the Parties have held without prejudice settlement discussions. These discussions are still ongoing, however, the Parties requested that the Tribunal schedule a hearing to hear the issues of the appeals.

PROCEDURAL ORDER AND ISSUES LIST

6Prior to the CMC, the Parties submitted a Procedural Order and Issues List for the Tribunal’s review. Based on further discussions with the Parties concerning the number of witnesses required, the Parties requested a 10-day hearing be scheduled in February or March 2027.

NEXT HEARING EVENT

7As a result of the discussions with the Parties, the Tribunal has scheduled a 9-day hearing to begin on Tuesday, March 2, 2027, at 10 a.m. by Video Hearing. The Parties are directed to notify the Tribunal no later than February 1, 2027, if the total number of hearing days are still required.

8Parties 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://meet.goto.com/558205565

Access code: 558-205-565

9Parties and 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

10Persons 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: 558-205-565.

11Individuals 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.

12As 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

13THE TRIBUNAL ORDERS THAT a hearing of the appeals will commence as scheduled above and the Procedural Order listed as Attachment 1 to this Order shall govern the future conduct of this proceeding.

“S. deBoer”

S. deBOER

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.

ATTACHMENT 1

PROCEDURAL ORDER

ISSUE DATE: June 12, 2026 CASE NO.: OLT-25-000576

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

Applicant and Appellant: 5568-5576 Yonge St. Co-Tenancy

Subject: Application to amend the Official Plan – Refusal

Description: To permit two mixed-use buildings of 35 and 25-storeys in height with a total of 608 dwelling units

Reference Number: 22 190116 NNY 18 OZ

Property Address: 5576 Yonge Street

Municipality/UT: City of Toronto

OLT Case No.: OLT-25-000575

OLT Lead Case No: OLT-25-000575

OLT Case Name: 5568-5576 Yonge St. Co-Tenancy 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: 5568-5576 Yonge St. Co-Tenancy

Subject: Application to amend the Zoning By-law – Refusal

Description: To permit two mixed-use buildings of 35 and 25-storeys in height with a total of 608 dwelling units

Reference Number: 22 190116 NNY 18 OZ

Property Address: 5576 Yonge Street

Municipality/UT: City of Toronto

OLT Case No.: OLT-25-000576

OLT Lead Case No: OLT-25-000575

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 begin on March 2, 2027, at 10:00 AM by video hearing. The hearing link is as follows:

https://meet.goto.com/558205565

Access Code: 558-205-565

3. The parties’ initial estimation for the length of the hearing is nine (9) 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. The procedural order deadlines are found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 3. 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. An issue may be removed from the Issues List without a formal order of the Tribunal with the consent of all parties.

6. The order of evidence is set out in Attachment 4 and shall be confirmed between the Parties and reflected in the hearing plan. 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.

7. 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.

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

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including any revised plans, reports, and studies, to the other parties on or before October 30, 2026. The Applicant acknowledges that any revisions to the plans or the introduction of any new or revised reports after that date, including with relation to the existing proposal, without the consent of the parties may be grounds for a request to adjourn the hearing.

10. A party who intends to call witnesses, whether by summons or not, shall provide 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 December 4, 2026, and in accordance with paragraph 23 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 proposed to be qualified. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other Parties on or before December 18, 2026.

11. Expert witnesses in the same field shall have a meeting on or before January 15, 2027, 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 the remaining issues to be addressed at the hearing with the Tribunal’s case coordinator on or before January 15, 2027.

12. 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 23 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.

13. 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 14 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 14 below. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that they intend to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same as the delivery of expert witness statements, as in paragraph 14 below.

14. On or before January 22, 2027, the parties shall provide copies of their witness and expert witness statements to the other parties and to the Tribunal’s case coordinator in accordance with paragraph 23 below.

15. On or before January 22, 2027, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless permitted by the Tribunal.

16. On or before February 1, 2027, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before February 5, 2027, parties may provide to all other parties and the OLT case coordinator a written response to any written evidence in accordance with paragraph 23 below.

18. On or before February 12, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. 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 14 days before the Tribunal hears the motion.

20. The parties shall cooperate to prepare a Joint Document Book which shall be shared with the Tribunal’s case coordinator in accordance with paragraph 23 below on or before February 19, 2027.

21. 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before February 19, 2027, 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 preliminary hearing plan. Any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal or on consent of parties. The Tribunal may, at its discretion, change or alter the preliminary hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable.

24. 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.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 13 applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

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 1 - SUMMARY OF DATES

DATE	EVENT
October 30, 2026	Last date to provide copies of revised proposal, including all revised plans, reports, and studies (if any)
December 4, 2026	Exchange of witness lists (names, disciplines and order to be called)
January 15, 2027	Experts meeting prior to this date
January 15, 2027	Statement of agreed facts filed with the Tribunal
January 22, 2027	Exchange of witness statements, summoned witness outlines, expert reports and participant statements
February 1, 2027	Parties shall confirm with the Tribunal if all the reserved hearing dates are still required
February 5, 2027	Exchange of reply witness statements (if any)
February 12, 2027	Exchange of visual evidence (if any)
February 19, 2027	Hearing plan filed with the Tribunal
February 19, 2027	Joint document book filed with the Tribunal
March 2, 2027	Hearing commences

ATTACHMENT 2 - LIST OF PARTIES AND PARTICIPANTS

PARTIES:

1. 5568-5576 Yonge St. Co-Tenancy David Bronskill 333 Bay Street, Suite 3400 Toronto, ON M5H 2S7 Email: dbronskill@goodmans.com Tel: (416) 597-4299

2. City of Toronto Jessica Braun and Adam Ward Metro Hall 55 John Street, 26th Floor Toronto, ON M5V 3C6 Email: jessica.braun@toronto.ca and adam.ward@toronto.ca Tel: (416) 392-7237 and (416) 394-2787

PARTICIPANTS:

1. Daniel Cusimano
2. Shruthi Srinivas
3. Jiafu (Jeff) Wu

ATTACHMENT 3 - LIST OF ISSUES

Note: The identification of an issue on this Issues List is intended to provide notice to all parties that a party will lead evidence and/or argument on the matter. This identification does not serve as an acknowledgement of relevancy to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

A party may revise their Issues List until 130 days before the hearing commences in response to any revised proposal submitted pursuant to paragraph 9 of this Procedural Order.

Planning Act

1. Do the proposed Official Plan and Zoning By-law Amendment have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, including subsections 2 (f), (h), (j), (k), (n), (p), and (r)?

2. Would the approval by the Tribunal of the proposed Official Plan and Zoning By-law Amendment have regard for the decision made by City Council, in accordance with Subsection 2.1(1)(a) of the Planning Act?

Provincial Planning Statement (2024)

3. Are the Official Plan Amendment, Zoning By-law Amendment, and proposed development consistent with the Provincial Planning Statement (2024) as required by Section 3(5) of the Planning Act, including policies 2.1.6 a, 2.4.1.3 b, 3.6.1, and 6.1.5?

City of Toronto Official Plan

4. Is the proposed amendment to the Official Plan consistent with the general intent of the Official Plan?

5. Does the proposed Zoning By-law Amendment conform with the policies of the City of Toronto Official Plan, including the policies related to:

a) Structuring Growth in the City (Section 2.2, 2.2.2, 2.2.9, 2.4.2);

b) Public Realm (Section 3.1.1);

c) Built Form (Sections 3.1.3 and 3.1.4);

d) Mixed Use Areas (Section 4.5); and

e) Implementation (Sections, 5.1.2, 5.2.1, 5.3.1, 5.3.2, 5.6)?

North York Centre Secondary Plan

6. Do the proposed Official Plan and Zoning By-law Amendment conform with the policies of the North York Centre Secondary Plan including the policies related to:

a) Built Form Policies (Section 5.1, 5.3);

b) Building Heights (Section 5.4);

c) Pedestrian Environment (Section 5.6);

d) Service Vehicle Access (Section 8.12); and

e) Boulevard Widths and Utilities (Section 8.13)

City of Toronto Guidelines

7. Does the proposal adequately support the unit mix and size objectives of the Growing Up: Planning for Children in New Vertical Communities Guidelines?

8. Does the proposed development meet the intent and purpose of Toronto Green Standard EC 1.1 and EC 1.2?

9. Does the proposed development meet the intent and purpose of The Tall Building Design Guidelines?

Site Specific Issues

Built Form, Height, Massing

10. Are the site organization and building massing of the proposed development appropriate, and more specifically:

i. Are the proposed density and height appropriate?

ii. Is the proposed mix of uses within the building including the amount of non-residential floor area appropriate?

iii. Is the proposed Block Context Plan appropriate, in terms of demonstrating that the proposed development fits within the existing and planned context and meets the Official Plan policies and guidelines?

iv. Are the proposed building setbacks, tower step backs and building separation distances appropriate?

v. Is the proposed base building height and massing along Yonge Street and Tolman Street appropriate?

vi. Are the proposed building configuration/orientation, balconies and tower floorplate size appropriate?

vii. Are the proposed uses at grade along Tolman Street appropriate?

viii. Are the shadow impacts from the proposed development acceptable?

ix. Are the wind impacts from the proposed development acceptable?

x. Does the proposed development provide adequate soil volume to support healthy street trees?

xi. Are increased setbacks required to accommodate street trees and the planned right-of-way?

Public Realm

11. Are the proposed streetscape and landscaping in the public realm appropriate?

12. Is the proposed onsite pedestrian circulation appropriate?

Development Engineering

13. Is it premature to approve the Official Plan and Zoning By-law Amendments prior to:

a. The proposed buildings and structures being modified to accommodate the existing sanitary sewer to the satisfaction of the City; or

b. The determination by the City that the sanitary sewer can be relocated to the satisfaction of the City?

14. If the answer to Issue 13 is no, in the alternative, should the Tribunal approve the development and the Official Plan and Zoning By-law Amendments subject to a Holding Symbol pursuant to section 36 of the Planning Act to address those matters and in particular the following conditions:

a. The relocation of the existing sanitary sewer has been undertaken to the satisfaction of the City and at the sole cost and expense of the owner; and

b. The new sanitary sewer has been designed and constructed to the satisfaction of the City at the sole cost and expense of the owner

Municipal Servicing

15. Has the proposed development, Official Plan Amendment and Zoning By-law Amendment, including supporting information and materials, demonstrated that there is sufficient water, wastewater and sanitary services available to service the proposed development to support high-density residential development on the lands, taking into account existing, planned and proposed development within the applicable water, wastewater or sanitary servicing distribution networks, all to the satisfaction of the City?

16. If not, should a holding (“H”) symbol be imposed on any Zoning By-law Amendment for the lands until such time as sufficient water, wastewater and/or sanitary services can be made available to service the proposed development, including any required improvements and/or upgrades to municipal infrastructure, all to the satisfaction of the City?

Parking, Loading and Transportation Demand Management

17. Is the proposed accessible parking supply appropriate?

18. Is the proposed (Pick-Up/Drop-Off) PUDO supply appropriate?

19. Is the proposed loading supply appropriate?

20. Is the proposed Transportation Impact Study (TIS) appropriate?

21. Is the proposed Travel Demand Management (TDM) plan adequate to support the additional growth represented by the proposal?

Public Interest and Good Planning

22. Do the proposed Official Plan and Zoning By-law Amendment provide for good planning and good urban design, and are they in the public interest?

Conditions

23. If the proposed development is approved in whole or in part, what conditions (if any) should be satisfied?