Livingston Realty Holdings Inc. v. Toronto (City), 2026 CanLII 7233

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

January 27, 2026

CASE NO(S).:

OLT-25-000854

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

Applicant and Appellant:

Livingston Realty Holdings Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a 35-storey residential building with a total of 442 units

Reference Number:

25 138374 ESC 24 OZ

Property Address:

402, 404, 406, 408 Livingston Road North

Municipality/UT:

City of Toronto

OLT Case No.:

OLT-25-000854

OLT Lead Case No.:

OLT-25-000854

OLT Case Name:

Livingston Realty Holdings Inc. 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:

Livingston Realty Holdings Inc.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit a 35-storey residential building with a total of 442 units

Reference Number:

25 138374 ESC 24 OZ

Property Address:

402, 404, 406, 408 Livingston Road North

Municipality/UT:

City of Toronto

OLT Case No.:

OLT-25-000855

OLT Lead Case No.:

OLT-25-000854

Heard:

January 16, 2026 by Video Hearing

APPEARANCES:

Parties

Counsel

Livingston Realty Holdings Inc.

David Bronskill

City of Toronto

Mark Crawford

Aerial Lo-Wong

Scarboro Golf & Country Club

Andrew Baker

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON JANUARY 16, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on the appeals filed by Livingston Realty Holdings Inc. in respect of planning applications for amendments to the City of Toronto’s Official Plan and Zoning By-law to facilitate re-development of the lands municipally known as 402-408 Livingston Road (“Subject Property”).

2The Tribunal received an Affidavit of Service, sworn on December 19, 2025, confirming that proper notice of this CMC was given, and marked same as Exhibit 1. No further notice will be required.

REQUEST FOR STATUS

3The Tribunal received and considered a request for Party Status filed by Scarboro Golf & Country Club, the owner of lands known municipally as 321 Scarborough Golf Club Road (located adjacent to the Subject Property). The Tribunal granted the status request on consent of the Statutory Parties.

4The Tribunal considered a Request for Participant Status submitted by Allan Zarudny, who resides at 410 Livingston Road adjacent to the Subject Property. The Tribunal granted the status request, on consent of the Statutory Parties, and received the Participant Statement of Mr. Zarudny.

PROCEDURAL MATTERS

5The Parties, having agreed on procedural matters, had filed a draft Procedural Order and Issues List (“PO/IL”) with the Tribunal in advance of the CMC, and were seeking the scheduling of a multi-day hearing on the merits of the appeal to be held sometime in August or October 2026.

6The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.

7The Parties are aware that, should they have an interest, there are opportunities for Tribunal-led mediation available.

NEXT STEPS

8A hearing of the appeal is scheduled for a period of 10 days, from Monday, August 10, 2026 to Friday, August 21, 2026. The video hearing will commence at 10 a.m..

9Parties, Participants, and/or Observers 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/927921077

Access code: 927-921-077

10Parties 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

11Persons 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) 497-9391 or (Toll-Free) +1-888-299-1889. The access code is as indicated above.

12Individuals 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.

ORDER

13THE TRIBUNAL ORDERS THAT:

a. Scarboro Golf & Country Club is granted Party status;

b. Allan Zarudny is granted Participant status;

c. A hearing is scheduled as set out above; and

d. The Procedural Order attached hereto as Schedule A shall govern the conduct of this proceeding.

14The Member is not seized but may be available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

“Sharon L. Dionne”

SHARON L. Dionne

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.

SCHEDULE A

CASE NO(S).: OLT-25-000854

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

Applicant and Appellant:

Livingston Realty Holdings Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a 35-storey residential building with a total of 442 units

Reference Number:

25 138374 ESC 24 OZ

Property Address:

402, 404, 406, 408 Livingston Road North

Municipality/UT:

City of Toronto

OLT Case No.:

OLT-25-000854

OLT Lead Case No.:

OLT-25-000854

OLT Case Name:

Livingston Realty Holdings Inc. 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:

Livingston Realty Holdings Inc.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit a 35-storey residential building with a total of 442 units

Reference Number:

25 138374 ESC 24 OZ

Property Address:

402, 404, 406, 408 Livingston Road North

Municipality/UT:

City of Toronto

OLT Case No.:

OLT-25-000855

OLT Lead Case No.:

OLT-25-000854

PROCEDURAL ORDER

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 August 10, 2026 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing is ten (10) 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 generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 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.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who retains a representative must 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 Hearing 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 all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before April 3, 2026. The applicant acknowledges that any revisions to the proposal after that date 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 to the Tribunal and the other Parties a list of the witnesses, the expert witness(es)' curriculum vitae and Acknowledgement of Expert Duty form(s), and the order in which the witnesses will be called. This list must be delivered at least on or before May 1, 2026 (one hundred and nineteen. For expert witnesses, a Party is to identify 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 May 11, 2026.

11. On or before May 15, 2026, Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal on or before May 22, 2026, if agreement is reached.

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, and the curriculum vitae and Acknowledgment of Expert Duty Form previously provided as in Section 9. Copies must be provided as in Section 15. 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. 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 time as the delivery of expert witness statements, as in Section 15.

13. On or before June 12, 2026, a witness or participant must provide to the Tribunal and the Parties a witness statement (full disclosure including reports) or participant statement, respectively, or the witness may not give oral evidence at the hearing. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. 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 Section 15.

15. On or before June 12, 2026, the Parties shall provide copies of their expert witness statements (full disclosure including reports) to the other Parties.

16. On or before June 29, 2026, the Parties may provide to all other Parties a written response to any written evidence.

17. On or before June 29, 2026, the Parties shall advise the Tribunal of whether any hearings dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

18. On or before July 10, 2026, the Parties shall provide copies of their visual evidence to all of the other Parties. The Tribunal and all Parties shall be notified if a model will be used, and all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.

20. A Party who provides a witness’ written evidence 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.

21. On or before July 10, 2026, the Parties shall prepare and file a detailed hearing work plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Hearing Plan”). The Hearing Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Hearing Plan throughout the Hearing Event.

22. The Parties shall prepare a Joint Document Book on or before July 20, 2026, and which, if requested by the Tribunal, one (1) hard copy will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in paper or an accessible electronic format in accordance with Section 23.

23. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable, should it request same. 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 and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide. Section 23 applies regardless if the hearing event is in-person or electronic.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 9. The Tribunal’s Rule 17 applies to such requests.

25. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

26. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

ATTACHMENT 1

SUMMARY OF DATES

DATE

EVENT

April 3, 2026

Last date to provide copies of revised proposal, including all revised plans and drawings (if any)

May 1, 2026

Exchange of witness lists (names, disciplines and order to be called)

May 11, 2026

Last date to challenge identification of expert witness

May 15, 2026

Experts meeting prior to this date

May 22, 2026

Agreed Statement of Facts, if meeting(s) occur and fact(s) are agreed upon

June 12, 2026

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

June 29, 2026

Exchange of Reply Witness Statements (if any)

June 29, 2026

Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)

July 10, 2026

Exchange of visual evidence (if any)

July 10, 2026

Final Hearing Plan filed with the Tribunal

July 20, 2026

Finalize Joint Document Book

August 10, 2026

Hearing commences

ATTACHMENT 2 PARTIES/PARTICIPANTS

Parties

1. Livingston Realty Holdings Inc. David Bronskill (416) 597-4299 dbronskill@goodmans.ca

2. City of Toronto Mark Crawford/Ariel Lo-Wong (416) 392-8864/(416) 338-6966 mark.crawford@toronto.ca; ariel.lo-wong@toronto.ca

3. Scarboro Golf & Country Club Andrew Baker (416) 367-6250 abaker@blg.com

Participants

1. Zarudny, Allan (416) 554-8446 allanzarudnytls@hotmail.com

ATTACHMENT 3 ISSUES LIST

City of Toronto Scarboro Golf & Country Club

Planning Act

1. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the matters of provincial interest and are they consistent with Section 2 of the Planning Act, including but not limited to subsections (p) and (r)?

Provincial Planning Statement (2024)

2. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the matters of provincial interest and do they conform with the Provincial Planning Statement (2024), including but not limited to Policy 2.4.1.3.b)?

City of Toronto Official Plan Land Use

3. Do the proposed development, Official Plan Amendment and Zoning by-law Amendment conform with the policies of the City of Toronto Official Plan with respect to the Apartment Neighbourhoods land use Policies 4.2.2.a), b) and c)?

4. Are the proposed development, Official Plan Amendment and Zoning By-law Amendment compatible with the surrounding physical context and do they sufficiently mitigate impacts to the surrounding Neighbourhoods?

5. Do the proposed development, Official Plan and Zoning by-law Amendment represent an overdevelopment of the site, with particular regard to the surrounding existing and planned context, and would the approval of the proposed development create an undesirable precedent?

Site Organization

6. Are the proposed setbacks appropriate?

7. Do the proposed development, Official Plan Amendment and Zoning by-law Amendment’s site organization fit appropriately within the existing and planned built form context?

Built Form

8. Do the proposed development, Official Plan Amendment and Zoning by-law Amendment conform with the policies of the City of Toronto Official Plan with respect to Healthy Neighbourhoods, namely Policy 2.3.1.3a), b) and c)?

9. Are the proposed building height and massing (including floorplate size) appropriate?

10. Does the proposed development represent principles of good planning and urban design?

11. Do the proposed development, Official Plan Amendment and Zoning by-law Amendment provide appropriate building, shape, scale and massing and conform with the policies of the City of Toronto Official Plan, namely: Policies 3.1.3.5, 3.1.3.6 and 3.1.3.7?

12. Do the proposed development, Official Plan Amendment and Zoning by-law Amendment conform to the Building Type policies contained with the City of Toronto Official Plan, namely: Policies 3.1.4.8, 3.1.4.9, 3.1.4.10, 3.1.4.11 and 3.1.4.12?

13. Does the proposed development provide an appropriate rear transition to the adjacent Neighbourhoods - designated properties to the north and east, to help mitigate shadow, overlook and privacy?

14. Does the proposed development appropriately and adequately have regard for the City of Toronto Tall Building Guidelines?

Housing

15. Do the proposed development and proposed Zoning by-law Amendment provide adequate indoor and outdoor amenity space, and are they located and/or designed appropriately?

16. Does the unit size and mix of the proposed development meet the Growing Up Guidelines for Children in Vertical Communities?

Shadow Impact

17. Do the proposed development, Official Plan Amendment and Zoning by-law Amendment create acceptable shadow impacts, particularly on Neighbourhoods and Open Space designated lands?

18. Does the proposed development provide for a suitable scale and step down appropriately to the existing Neighbourhoods and Open Space designations?

Wind

19. Will the proposed development create any adverse wind impacts on the adjacent public realm and surrounding area? If so, how will the proposed development mitigate any wind impacts?

Urban Forestry and Public Realm

20. Do the proposed development, Official Plan Amendment and Zoning by-law Amendment conform with the policies of the City of Toronto Official Plan with respect to the Public Realm policies, namely: Policies 3.1.1.6.a) ii. and 3.1.1.16?

21. Do the proposed development, Official Plan Amendment and Zoning By-law Amendment meet the intent and purpose of the following City of Toronto guidelines for the planting and preservation of trees, namely:

a. Every Tree Counts – A Portrait of Toronto’s Urban Forest – Section Nos. 1.3.1, 3.7 and 6;

b. Assessing Urban Forest Effects and Values: Toronto’s Urban Forest – Page No. 16, Paragraph No. 3; and

c. City of Toronto 2018 Tree Canopy Study – Section Nos. 1.3.1, 1.3.2, 1.4 and 3?

22. Does the proposed development maintain any existing large, healthy and significant trees on or immediately adjacent to the subject site?

23. Do the removal or injury of trees, impact on the tree canopy, and the loss of growing space on and off site conform with Policy 3.4.1.d of the City of Toronto Official Plan?

24. Does the proposed development provide a suitable growing environment for the planting of new trees with adequate space to reach maturity?

Transportation Review - Traffic, Access, Parking, and Streetscape

25. Does the proposed development provide an appropriate amount of parking (including visitor parking, retail parking, accessible parking, long and short-term bicycle parking)?

26. Are the number of loading spaces and configuration appropriate?

27. Are the driveway and site circulation design functional and safe?

28. Is the proposed Transportation Demand Management (“TDM”) Plan appropriate?

29. Does the proposed development provide a satisfactory functional plan demonstrating a Multi‑Use Path (“MUP”) connection from Livingston Road North to the Guildwood GO Station?

30. If the proposed development does not have a MUP or an active transportation connection to Guildwood GO Station:

a. What would be the modal split impacts? (City of Toronto Official Plan, Policies 2.4.1 and 2.4.2.c, Toronto Green Standards (“TGS”) V4 AQ 1.1)

b. Would the result be an increased number of single-occupancy vehicles originating from the proposed development destined for Guildwood GO and parking at the Guildwood GO station? (City of Toronto Official Plan, Policies 2.3.1.3.f and 2.4.15.e), TGS V4 AQ 1.1)

c. What would be the modal split impacts on active transportation specific to short distance trips (5km or less)? (City of Toronto TransformTO Net Zero Strategy (2026-2030))

31. Would a MUP be essential to meet the TGS with respect to the reduction of single-occupancy auto trips? (City of Toronto Official Plan, Policies 2.4.3.b.i and 2.4.3.b.iii, TGS V4 AQ 1.1)

32. What is the Appellant’s financial contribution noted in the Transportation Impact Study, dated March 2025? It states: “The proposed development will provide a financial contribution towards the design and construction of the connection which is outside of the subject site property limits” (p.46). (City of Toronto: Application Terms of Reference (TOR) Transportation Impact Study: 6.(a) Travel Demand Management) Will the Appellant provide a letter of credit for the implementation of the proposed MUP?

33. Will the proposed development allow for an appropriate streetscape design?

Transportation Impact Study

34. What is/are the rationale(s) and justification(s) in support of the modal splits provided in the Transportation Impact Assessment dated March 17, 2025? (City of Toronto Official Plan: Policies 2.4.1 and 2.4.2.c)

35. With respect to the Transportation Impact Study:

(i) What is the use of the Transportation Tomorrow Survey data and how does it apply to the site context (with or without the proposed active transportation connection to Guildwood GO)? (City of Toronto Official Plan: Policies 2.4.1 and 2.4.2.c)

(ii) What is the evidence of transit accessibility and planned improvements? (City of Toronto Official Plan: Policy 2.4.6)

(iii) What are the details of the TDM measures and their expected impact on modal splits? (City of Toronto Official Plan: Policy 2.3.1.3.f)

(iv) How do the modal splits of the proposed development compare with similar developments in the surrounding context/area? (City of Toronto Official Plan: Policy 2.3.1.3.f)

Development Engineering – Grading, Servicing, and Stormwater Management

36. Does the proposed development pose an unacceptable burden on existing municipal servicing infrastructure?

37. Does the existing municipal servicing infrastructure adequately service this proposed development?

38. Does the functional servicing submission for the proposed development adequately address what municipal servicing infrastructure improvements are required for the proposed development and area, if any?

39. Will stormwater and groundwater be appropriately managed?

40. Does the proposal meet all solid waste management requirements?

41. Is the proposed construction management plan appropriate?

Rail Safety

42. Does the proposed development adequately satisfy the rail safety policies contained in the City of Toronto Official Plan: Section 3.6, Rail Facilities, Mitigating Derailment and Public Safety?

Site and Area Specific Policy 641 (Guildwood Protected Major Transit Station Area)

43. Do the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the Council-adopted (yet to receive Ministerial approval) policy direction of Official Plan Amendment No 570 and Site and Area Specific Policy 641?

Draft Zoning By-law Amendments

44. Are the form and content, including regulatory standards, of the proposed draft Zoning By-law Amendments to the City of Toronto By-law No. 569-2013, as amended, appropriate?

Conditions for Final Approval

45. In the event the proposed development is approved, in whole or in part, should the Tribunal’s Order be withheld until the following conditions are satisfied:

a. The final form and content of the Official Plan Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review, or their delegates;

b. The final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review, or their delegates;

c. The Owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Review Report, Hydrogeological Assessment Report, Servicing Report, Groundwater Summary Form, Foundation Drainage Summary Form, Hydrological Review Summary Form and Associated engineering plans (i.e. Servicing Plan, Grading Plan, Storm Tributary Plan, Sanitary Tributary Plan, Plan & Profiles) (the "Engineering Reports"), to determine the stormwater runoff, sanitary flow and water supply demand resulting from this Development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Director, Engineering Review;

ii. secured the design and provided financial securities, in respect of any upgrades or required improvements to the existing municipal infrastructure, or constructing new infrastructure, identified in the Engineering Reports, to support the development, all to the satisfaction of the Director, Engineering Review, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Director, Engineering Review, and if necessary, in consultation with the General Manager, Toronto Water;

iii. made arrangements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development of the Site, according to the revised Functional Servicing and Stormwater Management Report accepted by the Director, Engineering Review;

iv. ensured that the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

v. submitted a revised Rail Safety and Risk Mitigation Report, which is subject to a third-party review, including any identified mitigation measures to the satisfaction of the Executive Director, Development Review, or their delegates;

vi. submitted a revised Noise and Vibration Impact Study, which is subject to a third-party review, including any identified mitigation measures, to the satisfaction of the Executive Director, Development Review.

vii. submitted a revised Transportation Impact Study and associated Transportation Demand Management Strategy/Plan, to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services, or their delegates;

viii. facilitated an effective first-last mile connectivity for cyclists to and from Guildwood GO Station;

ix. submitted a revised Pedestrian Level Wind Study or Wind Tunnel Study, including the identification of any required mitigation measures to be implemented and secured through the zoning by-law process to resolve wind safety exceedances and to improve pedestrian comfort, to the satisfaction of the Executive Director, Development Review. The City of Toronto's Wind Terms of Reference require a Wind Tunnel Study for buildings higher than 60 metres. A revised wind study using the appropriate technique (based on the final building height) is required and appropriate mitigation measures, having regard to the built form, will be secured.

x. submitted an updated Sun/Shadow Study to the satisfaction of the Executive Director, Development Review;

xi. submitted a revised Arborist Report, Tree Preservation Plan, Soil Volume Plan, Public Utilities Plans, Landscape Plan demonstrating sufficient soil volume for tree growth and Landscape Sections to the satisfaction of the Executive Director of Environment, Climate and Forestry; and

xii. made revisions to meet the Toronto Green Standard requirements, current as at the time of zoning application, if applicable, to the satisfaction of the Executive Director, Development Review.

ATTACHMENT 4 ORDER OF EVIDENCE

1. Livingston Realty Holdings Inc.

2. City of Toronto

3. Scarboro Golf & Country Club

4. Livingston Realty Holdings Inc., in reply (if any)

Attachment 5 Meaning of terms used in the Procedural Order:

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. If an unincorporated group wishes to become a Party, 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 authorization 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, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement that sets out their position on the appeal and issues of the proceeding, together with an explanation of their reasons in support of their position to the Tribunal in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party 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 intends to present as evidence at the hearing.

Witness Statements:

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 the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (1) name and address, (2) an executed acknowledgement of experts duty form and expert’s qualifications, (3) a list of the issues the expert will address, (4) their expert’s opinions on these issues, the reasons that support their opinions and their conclusions; and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the Participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the Participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

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.