Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 02, 2026
CASE NO(S).: OLT-21-001349
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Polocorp Inc.
Subject: Application to amend Zoning By-law No. 150-85 – Refusal or neglect of City of Cambridge to make a decision
Existing Zoning: OS1 and R2
Proposed Zoning: Site Specific (To be determined)
Property Address/Description: 155 and 171 Guelph Ave.
Municipality: City of Cambridge
Municipality File No.: R12/18
OLT Case No.: OLT-21-001349
OLT File No.: OLT-21-001349
OLT Case Name: Polocorp Inc. v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Polocorp Inc.
Subject: Proposed Plan of Subdivision – Failure of City of Cambridge to make a decision
Purpose: To permit 185 residential units with a mix of single detached, townhouse and stacked townhouse units
Property Address/Description: 155 and 171 Guelph Ave.
Municipality: City of Cambridge
Municipality File No.: 30T-18103
OLT Case No.: OLT-21-001349
OLT File No.: OLT-21-001350
BEFORE:
C. HARDY
Monday, the 2nd
VICE-CHAIR
day of February, 2026
THESE MATTERS, in respect of the lands at 155 and 171 Guelph Avenue in the City of Cambridge, having come for a public hearing on May 20, 2022 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Order on May 31, 2022 allowing the Applicant/Appellant’s appeals of the request to amend the City of Cambridge Zoning By-law No. 150-85, as amended and draft plan prepared by Ted Ims, O.L.S. dated February 26, 2020, (“Draft Plan”) subject to the fulfillment of the conditions of the Draft Plan Approval (“Draft Plan Conditions”);
AND THE TRIBUNAL having been advised, on consent of the parties, that a minor amendment was required to the Order issued on May 31, 2022, the Tribunal issued an Order dated November 1, 2023, addressing the amendments;
AND THE TRIBUNAL having been advised that Fusion Homes Inc. is the new owner of the property municipally known as 155 and 171 Guelph Avenue, Cambridge, which is legally described within PIN 03758-0177 (LT) (the “Property”), any reference to the preceding owner, Polocorp Inc., is deemed to be a reference to Fusion Homes Inc.;
AND THE TRIBUNAL having been advised that Fusion Homes Inc. proceeded to file a rezoning application on the property as certain elements of the previously approved Zoning By-law were preventing the development from being achieved as proposed;
AND THE TRIBUNAL having received confirmation, on consent of the parties, that the City of Cambridge Council approved Zoning By-law No. 25-086 on December 15, 2025, attached hereto as Appendix “A” for reference, and that no subsequent appeals were filed relating to Zoning By-law No. 25-086 and as such, the herein Order only relates to the Draft Plan and Draft Plan Conditions;
AND THE TRIBUNAL having received a request, on consent of the parties, for an order amending the previously approved Draft Plan and Draft Plan Conditions to reflect phasing of the plan and an associated renumbering of lots and blocks;
AND THE TRIBUNAL having received and considered the Affidavit of David A. Butler, RPP, MCIP, sworn and dated January 29, 2026, together with included exhibits which together were filed on behalf of Fusion Homes Inc.;
AND THE TRIBUNAL having accepted and qualified David A. Butler to give expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL having reviewed and considered the uncontroverted Affidavit evidence of David A. Butler on the modifications to the Draft Plan and Draft Plan Conditions that would consolidate multiple development blocks into a single development block while retaining the balance of the blocks as originally approved;
AND THE TRIBUNAL having accepted the uncontested evidence of David A. Butler finds that the proposed modifications to the Draft Plan and Draft Plan Conditions:
will facilitate the development of the Property with residential infill creating additional housing units while efficiently utilizing a currently under-utilized site;
will contribute to a complete community, allow a development that promotes walkability while protecting natural heritage attributes of the Property and maintaining compatibility with abutting lands;
have appropriate regard for matters of provincial interest pursuant to s.2 of the Planning Act and have regard for the criteria set out in s. 51(24) of the Planning Act, are consistent with the Provincial Planning Statement, 2024, conform with the relevant policies set out in the Region of Waterloo Official Plan (2024) and City of Cambridge Official Plan (2018) and represent good planning in the public interest;
AND WHEREAS pursuant to subsection 51(56.2) of the Planning Act the Tribunal has the authority to change the conditions of approval of the subdivision;
NOW THEREFORE the Tribunal Orders as follows:
The approval of the plan of subdivision for the Property is hereby amended to reflect the form attached as Appendix “B”; and
The draft plan conditions for the Property are hereby amended to reflect the form attached as Appendix “C”.
The final approval of the plan of subdivision shall continue to be given by the Region pursuant to subsection 51(56.1) of the Planning Act.
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.