Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 3, 2026

CASE NO.: OLT-25-000536

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

Applicant and Appellant: The Address Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Development of one 37 storey and one 35 storey building with 886 residential units
Reference Number: 24 243361 NNY 08 OZ
Property Address: 245-251 Marlee Avenue, 1-7 Romar Crescent and 16 Stayner Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000536
OLT Lead Case No.: OLT-25-000536
OLT Case Name: The Address 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: The Address Inc.
Subject: Request to amend the Official Plan – Refusal or neglect to make a decision
Description: Development of one 37 storey and one 35 storey building with 886 residential units
Reference Number: 24 243361 NNY 08 OZ
Property Address: 245-251 Marlee Avenue, 1-7 Romar Crescent and 16 Stayner Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000537
OLT Lead Case No.: OLT-25-000536

BEFORE:

ERIC S. CROWE
MEMBER

Tuesday, the 3rd day of February, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on January 19, 2026, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on July 15, 2026. The Tribunal has set aside twelve days for the hearing.

“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.

SCHEDULE A

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 video hearing will begin on July 15th, 2026, at 10:00 a.m. at via videoconference and is scheduled to be completed on July 30th, 2026.

3. The parties’ initial estimation for the length of the hearing is 12 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 this 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 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 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 14, 2026, and in accordance with paragraph 23 below. 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 on or before May 1, 2026, and in accordance with paragraph 22 below. 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 must be made within 10 days following the exchange of witness lists and shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other parties.

11. Expert witnesses in the same field shall have at least one meeting before the hearing to resolve or reduce the issues for the hearing. The experts shall prepare a list of 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 15, 2026.

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 Acknowledgement of Expert Duty Form previously provided as in Section 9. Copies of this must be provided as in paragraph 13 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 13 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 13 below.

14. On or before May 29, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

15. On or before May 29, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before June 10, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before July 3, 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.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within 13 days after the evidence is received and in accordance with paragraph 22 below.

19. The parties shall cooperate to prepare a Joint Document Book on or before July 3, 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 22.

20. 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.

21. 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.

22. The parties shall prepare and file a preliminary Hearing Plan with the Tribunal on or before July 8, 2026 with a proposed schedule for the hearing that identifies, as 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 parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the Hearing Plan. The Tribunal may, at its discretion, change or alter the Hearing Plan throughout the hearing.

23. All filings 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 as permitted by Section 9. The Tribunal’s Rule 17 applies to such requests.

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

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF KEY DATES

Participant Statements: May 29, 2026

Witness List: May 1, 2026

Expert’s Meeting: May 15, 2026

Agreed Statement of Facts: May 15, 2026

(Expert) Witness Statement / Outline of Evidence: May 29, 2026

Visual Evidence: July 3, 2026

Confirmation re Hearing Dates: June 10, 2026

Reply Witness Statements: June 12, 2026

Joint Document Book: July 3, 2026

Hearing Plan: July 8, 2026

Hearing Commences: July 15, 2026

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

Parties

1. The Address Inc. Goodmans LLP 3400-333 Bay St Toronto, ON M5H 2S7 Rodney Gill rgill@goodmans.ca 416.597.4136

2. City of Toronto City of Toronto Legal Services Planning & Administrative Tribunal Law 26th fl., 55 John Street Toronto, ON M5V 3C6 Matthew Longo matthew.longo@toronto.ca 416.392.8109

3. Mark Nitz and Julie Saunders WeirFoulds LLP Raj Kehar/Siraj Syed 416-947-5051/416-947-5037 rkehar@weirfoulds.com/ssyed@weirfoulds.com

Participants

1. Roman Kiselev Owner of 155 Marlee Ave Toronto, ON M6B 4B5

ATTACHMENT 3

ISSES LIST

Note: The identification of an issue on the issues list does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant, within the jurisdiction of, or otherwise appropriate, to adjudicate. The identification of an issues on this list by a party indicates that party’s intent to lead evidence or argue that the issues is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the Tribunal.

City of Toronto Issues List

General

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

Planning Act

2. Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment have appropriate regard for the following matters of provincial interest set out in Section 2 of the Planning Act: Sections (f), (h), (n), (p), (q) and (r)?

Provincial Planning Statement (2024)

3. Are the proposed development, Official Plan Amendment, and Zoning By-law Amendment consistent with the following policies of the Provincial Planning Statement (2024): policies, 2.4.2.1, 2.4.2.2, 2.4.2.6(b), 3.1.1, and 3.6.1(d),?

City of Toronto Official Plan

4. Do the proposed development, Official Plan Amendment, and Zoning By-law Amendment conform with the City of Toronto Official Plan:

a. Structuring Growth in the City: Integrating Land use and Transportation (2.2.2 and 2.2.9;)

b. Avenues (2.2.3.4, 2.2.3.6, 2.2.3.7);

c. Healthy Neighbourhoods (2.3.1.3, 2.3.1.4 and 2.3.1.7);

d. Transportation Change (2.4.3(b), 2.4.4, 2.4.7, and 2.4.22);

e. The Public Realm (3.1.1.2, 3.1.1.3, 3.1.1.6, 3,1,1,12, 3.1.1.13, 3.1.1.14, 3.1.1.15, and 3.1.1.16);

f. Built Form (3.1.3.1, 3.1.3.3, 3.1.3.4, 3.1.3.5, 3.1.3.6, 3.1.3.7, 3.1.3.9, 3.1.3.10, 3.1.3.11, and 3.1.3.13);

g. Built Form – Building Types (3.1.4.8, 3.1.4.9, 3.1.4.10, and 3.1.3.11);

h. Housing (3.2.1.12);

i. Mixed Use Areas (4.5.2);

j. Holding By-Laws (5.1.2); and

k. The Official Plan Guides City Actions (5.3.1.1 and 5.3.1.3)

City of Toronto Guidelines

5. Does the proposed development have appropriate regard for the City of Toronto Tall Building Guidelines? In particular, does the proposed development meet the intent and purpose of guidelines 1.1, 1.3, 2.1, 2.6, 3.1.1, 3.2.2, 3.2.3, 3.2.5, 4.1, 4.2, 4.3, and 4.4?

Site Specific Issues

6. Is the proposed building configuration and orientation, height, tower floorplate size and massing appropriate?

7. Does the proposed development provide appropriate transition in scale to adjacent nearby Neighbourhood designated properties and public realm elements?

8. Does the proposed development, its setbacks, step backs and separation distances which inform the massing preclude the orderly development of adjacent properties on the block?

9. Is the wind impact of the proposed development acceptable? Does the proposal provide comfortable and safe wind conditions and limit negative wind impacts on the proposed outdoor amenity spaces, building entrances and adjacent public boulevards?

10. Does the proposed development establish appropriate relationships at grade, including setbacks (both underground and at grade), and the provision of an appropriate pedestrian realm, including contributions to streetscaping, public spaces, and private open spaces?

Trees

11. Does the proposal enhance the urban forest by providing suitable tree growing environments for long-lived native and large shade trees in order to increase canopy cover?

12. Are the streets and pedestrian walkways along with the underground utilities designed in a way to avoid causing damage to any of the existing or proposed trees? Have sufficient buffers from the existing and proposed trees been provided from the proposed walkways and the development? Does the proposal meet the total amount of soil required on the site and in the adjacent public boulevard to support tree canopy (Toronto Green Standard EC 1.1)?

Housing

13. Does the proposal conform with policy 3.2.1.12 of the City of Toronto Official Plan with regard to the provision of an acceptable Tenant Relocation and Assistance Plan?

Toronto Green Standard

14. Does the proposal meet the requirements of the Toronto Green Standard particularly as it relates to transportation demand management, electric vehicle infrastructure, tree planting, soil volume, stormwater management, and tree planting requirements?

Transportation

15. Does the Traffic Impact Study (TIS) address the comments provided in the May 21, 2025 Engineering memo?

16. Does the proposed Pick-Up/Drop-Off (PUDO) satisfy the demand generated by the site?

17. Is the proposed number and configuration of loading spaces appropriate?

18. Is the short term bicycle supply and location appropriate?

Servicing and Infrastructure

19. Has the applicant demonstrated that there is sufficient infrastructure capacity to accommodate the proposed development (including water, sanitary and stormwater), and if not, should a holding (H) symbol be imposed in the final form of the zoning by-law until all infrastructure capacity issues are addressed?

Implementation

20. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, should the issuance of any final Order with respect to the Official Plan and Zoning By-law Amendment be withheld until such time as:

a) the final form and content of the draft Official Plan Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b) the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Executive Director, Development Review, which among other matters may include a holding (H) provision requiring:

i. the owner or applicant, at their sole cost and expense has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. if the accepted Functional Servicing and Stormwater Management Report from (i) requires any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

a) the owner applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis, to support the development, in a financial secured agreement, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; or

b) the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report in (i) above are constructed and operational, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii. all necessary approvals or permits arising from (ii)(a) or (ii)(b) above are obtained, where required all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

iv. The City has received, reviewed and accepted an updated Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services.

c) the owner has satisfactorily addressed the Transportation Review and Engineering Review matters as contained in the Development Engineering Memorandum dated March 20, 2025 and Transportation Review Memorandum dated May 21, 2025, and any outstanding issues raised by Development Engineering, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications, to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services;

d) the owner has submitted an updated Pedestrian Level Wind Tunnel Study with mitigation measures secured in the zoning by-law and site plan to the satisfaction of the Chief Planner and Executive Director, City Planning;

e) the owner has at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the amending by-law, all to the satisfaction of the Executive Director, Development Review;

f) the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

g) the owner has submitted an updated and complete Toronto Green Standard (TGS) Checklist and Statistics Template, to the satisfaction of the Executive Director, Development Review;

h) the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum dated March 20, 2025, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the subject applications to the satisfaction of the Executive Director, Environment, Climate and Forestry; and

i) The owner has entered, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, the required Tenant Assistance Plan pertaining to the existing rental dwelling units proposed to be demolished.

Issues of Mark Nitz and Julie Saunders

Mark Nitz and Julie Saunders adopt City of Toronto issue numbers 1, 2, 3, 4, 5, 6, 7, 8, 10, 15, 20(a) and (b). With respect to issues 20 (a) and (b), the adoption is only as it relates to reviewing the final instruments proffered by the Applicant for approval.

In addition, Mark Nitz and Julie Saunders add the following issue:

1. Is the proposed location of the vehicular access for the proposed development appropriate, and does it represent good transportation planning, given the location of existing driveway accesses and/or other proposed and/or planned driveway accesses on Romar Crescent?

ATTACHMENT 4

ORDER OF EVIDENCE

1. The Address Inc.
2. City of Toronto
3. Mark Nitz and Julie Saunders
4. In reply, if any, The Address Inc.

ATTACHMENT 5

Attachment to Sample Procedural Order

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.