Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 04, 2026
CASE NO.: OLT-25-000437
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tribute (Brookdale) Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To facilitate the construction of a high-density, mixed-use residential development
Property Address: 1101A, 1105 and 1163 Kingston Road
Municipality/UT: City of Pickering
OLT Case No.: OLT-25-000437
OLT Lead Case No.: OLT-25-000437
OLT Case Name: Tribute (Brookdale) Limited v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tribute (Brookdale) Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the construction of a high-density, mixed-use residential development
Reference Number: A 02/24
Property Address: 1101A, 1105 and 1163 Kingston Road
Municipality/UT: City of Pickering
OLT Case No.: OLT-25-000438
OLT Lead Case No.: OLT-25-000437
BEFORE:
N. Eisazadeh Member
Wednesday, the 14th day of January, 2026
UPON APPEALS having been brought by Tribute (Brookdale) Limited (“Applicant”) under subsection 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, regarding the failure by the City of Pickering (“City”) to make decisions within the prescribed time period in respect of applications for an Official Plan Amendment and a Zoning By-law Amendment, respectively, which seek to facilitate the development of a multi-phased, high-density, mixed-use residential development on the lands municipally known as 1101A, 1105 and 1163 Kingston Road, in the City of Pickering (“Subject Lands”);
AND THIS MATTER having come before the Tribunal on Wednesday, January 14, 2026, by videoconference for a first Case Management Conference (“CMC”), whereby it marked as Exhibit 1 the Affidavit of Service of Olena Kruk sworn on December 19, 2025, attesting to proper Notice having been given for this first CMC;
AND THE TRIBUNAL having received two independent requests for Party status from the Region of Durham dated December 29, 2025, and Emix Ltd. dated January 9, 2026, respectively;
AND THE TRIBUNAL having received written confirmation that the Region of Durham has withdrawn its request for Party status;
AND THE TRIBUNAL having been advised by Counsel for Emix Ltd. that Emix Ltd. is the owner of the property immediately west of the Subject Lands, within the same block and Dunbarton/Liverpool Precinct Intensification Area as identified in Official Plan Amendment 38 (“OPA-38”) which currently remains under appeal before the Tribunal under separate site-specific proceedings bearing Case No. OLT-22-004770 brought by the Appellants in that matter consisting of Emix Ltd. and the present Applicant (“OPA-38 Appeals”), that the lands owned independently by Emix Ltd. and the Applicant currently share private driveways and are subject to numerous existing access and servicing easements in favour of each other, and that Emix Ltd. seeks Party status to ensure that the proposed OPA and ZBA in the current proceedings are aligned with the outcome of the outstanding site-specific OPA-38 Appeals;
AND THE TRIBUNAL having considered the submissions made on behalf of Emix Ltd., the Applicant consenting to, and the City not opposing, the request for Party status, found that there are reasonable grounds for the request and thereby granted Party status to Emix Ltd.;
AND THE TRIBUNAL having been advised that the Parties have reached a comprehensive settlement agreement, in principle, disposing of both the current Appeals as well as the site-specific OPA-38 Appeals subject to the finalization of instruments requiring approval by the City Council (“Settlement Agreement”);
AND THE TRIBUNAL having been advised that the sole Parties to the site-specific OPA-38 Appeals are the present Applicant and Emix Ltd., both who are represented by the same legal Counsel as Counsel appearing for the two respective Parties at the present CMC;
AND THE TRIBUNAL having been advised that the first CMC for the site-specific OPA-38 Appeals have already taken place with proper Notice, and that the site-specific OPA-38 Appeals are currently adjourned, sine die, pending the outcome of the current proceeding;
AND THE TRIBUNAL having thereby received a joint request by all Parties to both the present Appeals and the site-specific OPA -38 Appeals for an Order to have the two matters heard together;
AND THE TRIBUNAL having considered the submissions made by all Parties, was satisfied that any Party that should have Notice of the consideration of a request for an Order that the matters be heard together are deemed to have proper Notice as they were in attendance at the present CMC, and consented to the relief sought;
AND THE TRIBUNAL being further satisfied that there is sufficient commonality and overlapping of both Parties and issues between the present Appeals and the site-specific OPA-38 Appeals such that the requested relief would constitute the most fair and efficient path forward, and thereby granted an Order that the two matters proceed to be heard together;
AND THE TRIBUNAL having further received a joint request by all Parties to schedule a Hearing date in late March, in writing, to consider the merits of the comprehensive Settlement Agreement reached and in order to allow the necessary time for the finalization of the proposed instruments including approval of the final instruments by City Council;
AND THE TRIBUNAL having so scheduled a Hearing on Tuesday, March 31, 2026, to be filed and heard in writing in accordance with the procedural timelines set out in Attachment 2 to the Order below;
NOW THEREFORE THE TRIBUNAL ORDERS THAT:
Party status be and is hereby granted to Emix Ltd.
A Hearing to consider the merits of the comprehensive Settlement Agreement reached for the matters in Ontario Land Tribunal Case File Nos. OLT-25-000437 and OLT-22-004770 be and are hereby Ordered to proceed to be heard together.
The Hearing to consider the merits of the comprehensive Settlement Agreement reached for the matters in Ontario Land Tribunal Case File Nos. OLT-25-000437 and 22-004770 are hereby scheduled to proceed together on Tuesday, March 31, 2026, in writing, and in accordance with the procedural timelines as set out in Attachment 2 to this Order.
There will be no further notice in either of the matters bearing Ontario Land Tribunal Case File Nos. OLT-25-000437 nor 22-004770.
This Member is not seized.
“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.
Attachment 1
CMC Attendance List
Party Name
Counsel
Tribute (Brookdale) Limited
Signe Leisk Adrianna Pilkington
City of Pickering
Mark Joblin Alexandra Whyte
Emix Ltd.
Ian Andres
ATTACHMENT 2
PROCEDURAL TIMELINES
DOCUMENT
FILING DUE DATE
Hearing Materials: All affidavits in respect of settlement reached with all exhibits attached thereto including any applicable visual and documentary evidence, document books and/or books of authority
Due to be filed by no later than: 5:00 pm on Friday, March 20, 2026
Updated Participant Statements (if any)
Due to be filed by no later than: 5:00 pm on Wednesday, March 25, 2026
Written Hearing: to Consider Merits of Settlement Reached
Tuesday, March 31, 2026