Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 06, 2026
CASE NO(S).: OLT-25-000741
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 147 Liberty Group
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a mixed-use residential tower and lower level commercial space
Reference Number: 25 108662 STE 10 OZ
Property Address: 147-151 Liberty Street and 54-68 Fraser Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000741
OLT Lead Case No.: OLT-25-000741
OLT Case Name: 147 Liberty Group v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: 25 108662 STE 10 OZ
Property Address: 147-151 Liberty Street and 54-68 Fraser Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-25-000742
OLT Lead Case No.: OLT-25-000741
OLT Case Name: 147 Liberty Group v. Toronto (City)
Heard: February 2, 2026, by video hearing
APPEARANCES:
Parties
Counsel
147 Liberty Group
M. Foderick J. Nehmetallah
City of Toronto
M. Longo S. Barnett
Toronto Port Authority
A. Jeanrie
Participants
PS Canada Company ULC
D. Angelucci Ira T. Kagan (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON FEBRUARY 2, 2026, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a first Case Management Conference (“CMC”) based on appeals pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”) for failure to adopt the requested amendment and the refusal or neglect to make a decision, respectively, by the City of Toronto (“City”).
2147 Liberty Group (“Applicant”) is seeking an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) (together “Applications”/“Appeals”) for the lands legally known as 147-151 Liberty Street and 54-68 Fraser Avenue (collectively “Subject Lands”). The Applications are seeking permission for a development of a mixed use, 55-storey tower, containing 732 residential units, and lower-level commercial space with a gross floor area of approximately 44,380 metres squared (“m2”), including 1,140 m2 of non-residential space (“Proposal”). The Subject Lands presently consist of a number of low-rise commercial buildings.
3Notice of this CMC was properly circulated and confirmed by Affidavit of Service, signed by Robert Daniel Edward Jefferson (January 15, 2026), and is marked as Exhibit 1.
PRELIMINARY MATTERS
Status Requests
4The Tribunal confirmed receipt of a written Party status request from the Toronto Port Authority (“TPA”), dated January 21, 2026, as represented by Andrew Jeanrie . The TPA request contains the following statement:
The Toronto Port Authority is the owner of the Billy Bishop Toronto City Airport and has significant concerns as to the potential impact the proposed development could have on the airport's ability to operate. Our client has concerns similar to those expressed by NavCanada respecting the height of the proposed building, including any temporary structures, and its impact on the airspace around the airport Protection of the airspace/flight path is critical to ensure public safety and the operational viability of the airport. In addition, our client may raise issues with respect to appropriate land use [compatibility] matters as between the airport, the port and the proposed development. Our client will bring evidence to the Tribunal with respect to these issues and their importance pursuant to the Planning Act, and the Provincial Planning Statement, and principles of good planning.
5A separate written request for Participant status from PS Canada Company ULC (“PS Canada”) was submitted on January 16, 2026, as represented by Ira T. Kagan and Daniel Angelucci. PS Canada is the owner of lands located to the southeast of the Subject Lands, within the surrounding area, and maintain that they have a “vested interest in the outcome of the Appeals” and expressed their support of the Applications before the Tribunal.
6The Tribunal confirmed that there were no objections from the Parties to either of these requests, other than identifying clarification regarding any issues that may be identified in the lead up to a possible hearing. The Tribunal proceeded with the direction that Party status is conferred on the TPA, and Participant status is conferred on PS Canada.
City Motion Overview
7The City recently informed the Tribunal that a jurisdictional matter had recently arisen between the Parties, which resulted in the City’s submission of a Motion for Direction (“Motion”). Although the timing of this Notice of Motion limited the opportunity for the usual Tribunal process, including a timely Response/Reply, and opportunity for fulsome consideration of the details, the Tribunal maintained its discretion to schedule any other related CMCs or a hearing, pending oral submissions at this CMC.
8The Motion, as submitted on January 27, 2026, was marked as Exhibit 2, and was seeking either an abridgement of time for service of the Motion so it could be argued at this CMC or requesting that the Tribunal schedule a separate Motion hearing date as early as possible, prior to the scheduling of a hearing of the Appeals under the Act, at the discretion of the Tribunal.
9The City had also previously corresponded that the Subject Lands contain several buildings designated under the Ontario Heritage Act (“OHA”), that the Applications would “significantly alter, and in one case demolish, these heritage resources”, and that the Tribunal “does not yet have jurisdiction over all matters that will be tested in these proceedings”. Counsel for the City submitted that there is no application before the City currently filed under the OHA to permit the alteration or demolition contemplated in the Appeals.
10The Tribunal received the Notice of Response to the Motion on February 2, 2026, the same date as the CMC, which was marked as Exhibit 3.
11Despite the Motion, counsel for the Appellant is seeking that the Tribunal schedule hearing dates for the above noted Appeals, commencing on or after November 30, 2026. Furthermore, regarding a pending OHA Application/OHA Appeal, counsel submitted that allowing some additional time, in the interim period, for updates related to all matters, the Tribunal could receive a more comprehensive update from the Parties in early March 2026, allowing for other considerations. Early March 2026 was generally agreed to by the City, as it should allow the Parties time to scope issues further and allow all matters to crystalize.
12Following further detailed submissions from counsel to the Parties, the Tribunal confirmed that the City’s formal designation under the OHA, of the Subject Lands, was expected by February 4, 2026. There was a clear understanding between the Parties that an OHA-related application (“OHA Application”) should follow from this designation, and the Applicant undertook to submit its OHA Application in the immediate future.
13It was also anticipated that this would likely result in a process whereby, if an OHA appeal (“OHA Appeal”) is filed with the Tribunal, pursuant to statutory requirements, the next steps could proceed, in the normal course, allowing the Tribunal to further consider the pending OHA Appeal, early in March 2026.
14As a result of these submissions, and on consent of the Parties, a further clarification of the important timelines, and commitments associated with the matters, was submitted to the Tribunal as follows:
The applicant shall make an application under section 33 and/or 34 of Ontario Heritage Act to facilitate their proposed development (the "OHA Application") prior to March 2, 2026. If the OHA Application has not been consented to by the City or deemed to have been consented to by the City within the relevant statutory time periods, the OHA Application will be appealed to the Tribunal by the applicant pursuant to subsection 33(9) or 34.1(1) of the Ontario Heritage Act no later than August 15, 2026 and the applicant will request that the OHA Application appeal be consolidated with the hearing of this matter and subject to this procedural order. The applicant acknowledges that any failure to meet the timelines of this paragraph without the consent of the parties, or if a request for the OHA Application to be consolidated is not granted by the Tribunal at the Second CMC scheduled for _______,2026, a joint request of all parties will be made to the Tribunal to adjourn the hearing scheduled to commence November 30, 2026. [The Tribunal may consider granting that request, at the appropriate time].
[emphasis added]
TRIBUNAL DIRECTIONS
15The Tribunal accepts the proposed approach to these matters, as amended, and extends its gratitude to the Parties for their cooperation.
16After carefully canvassing the submissions of counsel to all Parties, and their respective calendars, the Tribunal determined that it should allow a reasonable period of time for the Parties to more diligently scope issues and allow appropriate time for the pending OHA Application/OHA Appeal, and any other related matters. Therefore, the Tribunal directed that the Hearing of the Appeals be scheduled to proceed by video on Monday, November 30, 2026, at 10 a.m., for a period of nine days.
17Parties 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
18Parties 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
19Persons 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.
20Individuals 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.
21The Parties are also directed to provide the Tribunal with an update on all related matters on or before Monday, March 2, 2026, to clarify next steps.
22At that time, the Tribunal may determine whether the matters should be administratively combined, scheduled to be heard together, or heard separately, whichever is deemed more appropriate.
23Finally, the Tribunal reminds the Parties that Tribunal-led mediation is available, if mutually agreed upon, and if requested through the Case Coordinator.
ORDER
24THE TRIBUNAL ORDERS that:
The dates and particulars of the scheduled Hearing, referenced above in paragraph [17], are hereby ordered;
The Parties shall update the Tribunal on the status of all matters on or before Monday, March 2, 2026; and
All other directions in this Decision are hereby ordered.
25There will be no further notice.
26The Member is not seized of this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.