1956565 Ontario Inc. v Toronto (City), 2026 CanLII 9722

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 02, 2026

CASE NO(S).: OLT-25-000100

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

Applicant/Appellant: 1956565 Ontario Inc.

Subject: Application to amend the Official Plan – Failure to adopt the requested amendment

Description: To facilitate construction of three towers with 1626 units

Reference Number: 24 149325 STE 14 OZ

Property Address: 120 Bouchette Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000100

OLT Lead Case No.: OLT-25-000100

OLT Case Name: 1956565 Ontario Inc. v Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: 1956565 Ontario Inc.

Subject: Application to amend the Zoning By-law – Failure to adopt the requested amendment

Description: To facilitate construction of three towers with 1626 units

Reference Number: 24 149325 STE 14 OZ

Property Address: 120 Bouchette Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000101

OLT Lead Case No.: OLT-25-000100

Heard: January 23, 2026, in writing

APPEARANCES:

Parties

Counsel

1956565 Ontario Inc. (“Applicant”/“Appellant”)

J. Hoffman D. Bronskill

City of Toronto (“City”)

L. Pinder

Toronto Port Authority

A. Jeanrie

DECISION DELIVERED BY S. TOUSAW AND INTERIM ORDER OF THE TRIBUNAL

Link to Order

1This Decision approves the Parties’ settlement that enables a substantial, mixed-use, intensification development within the Regeneration Area of the Central Waterfront in the City.

2The Tribunal accepts the uncontroverted affidavit evidence of Graig Uens, Registered Professional Planner, whom the Tribunal hereby qualifies to provide opinion evidence in land use planning. Mr. Uens’ Affidavit is marked as Exhibit 1.

3Arising from extensive without-prejudice discussions, the Parties arrived at a settlement on the necessary Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) for the Applicant’s revised plans on its site of approximately 0.9 hectares, including:

• a U-shaped, 10- and 12-storey podium, with frontage on all four existing/new streets with active, commercial streetfronts and amenity spaces;

• three buildings of 56, 53, and 16 storeys, designed, in part, to demarcate the northwest and northeast intersections;

• 1,754 dwelling units, of which 42% include two or three bedrooms;

• substantial private and publicly accessible open space; and

• 1,570 bicycle parking spaces and limited vehicle parking of 270 spaces.

4The Added Party – the Toronto Port Authority – is satisfied with the condition ensuring that the development will not encroach into the flight paths of the Billy Bishop Toronto City Airport.

5The area of this site is slated for substantial change and revitalization, from its existing/former industrial focus to a mixed-use, full-service community, in support of movement on foot/wheels, bicycles, and transit. Existing bus transit serves the East Harbour Protected Major Transit Station Area, adopted by the City and undergoing Ministerial review. The site and area will be served by planned GO rail and TTC streetcar transit. The site and area are served by schools, childcare facilities, community centres, libraries, and parks. The needed form, location, and density of new housing are addressed by this development. Its well-designed built form will mark this location with identifiable buildings, shops and services, and desirable outdoor spaces, all of which maintain or enhance identified viewscapes.

6On the evidence of Mr. Uens, which elaborates fully on the foregoing themes, the Tribunal finds that the OPA and ZBA: display due regard for matters of provincial interest under s. 2 of the Planning Act; are consistent with the Provincial Planning Statement, 2024; align with the directions of the City Official Plan, including the Central Waterfront Secondary Plan; appropriately reflect the Tall Building Design Guidelines; and thus, constitute good planning in the public interest.

INTERIM ORDER

7The Tribunal Orders that:

1. The appeals of the Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) applications are allowed in part on an interim basis;

2. The amendment to the City of Toronto Official Plan, filed as Exhibit “J” to the Affidavit of Graig Uens (“Affidavit”), is approved in principle, subject to the satisfactory final form being approved;

3. The amendment to the City of Toronto Zoning By-law No. 569-2013, filed as Exhibit “K” to the Affidavit, is approved in principle, subject to the satisfactory final form being approved;

4. The development proposal, as generally depicted on the plans prepared by Turner Fleischer dated December 1, 2025 filed as Exhibit “E” to the Affidavit, is approved in principle;

5. The Final Order on the OPA and the ZBA is withheld until the Tribunal is advised:

by the City Solicitor that:

a. The OPA and ZBA are in a final form satisfactory to the Executive Director, Development Review, and the Owner, which will include Holding conditions as set out in the Settlement Offer in Exhibit “C” of the Affidavit;

b. Joint ministerial approval pursuant to the Lower Don Special Policy Area and Lower Don Protocol for the OPA has been obtained;

c. The Owner has entered into, and registered on title, an agreement with the City to secure the provision of Affordable Rental Housing units, to the satisfaction of the City Solicitor; and

d. The Owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, with recommendations implemented as part of the ZBA and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Executive Director, Development Review;

• by the Toronto Port Authority that:

e. a restrictive covenant, or other mechanism as agreed to between the Toronto Port Authority and the Owner, has been secured to the satisfaction of the Toronto Port Authority, to ensure there will be no encroachments (i.e. any buildings, structures, or construction equipment, including cranes) into the flight path of the Billy Bishop Toronto City Airport;

6. A status report will be provided by the Parties to the Tribunal no later than 180 days after the date of this Order; and

7. The Vice Chair will remain seized for the purposes of reviewing and approving the final draft OPA and ZBA and the Tribunal may be spoken to in the event some matter should arise in connection with the implementation of this Order.

“S. Tousaw”

S. tousaw

VICE-CHAIR

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.