Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2026
CASE NO.: OLT-24-000556
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: H&R Properties Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 22-storey residential building
Reference Number: 23 180580 WET 02 OZ
Property Address: 710 The West Mall (Formerly 70 Dixfield Drive)
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000556
OLT Lead Case No.: OLT-24-000556
OLT Case Name: H&R Properties Limited v. Toronto (City)
BEFORE:
J. GOLD
Tuesday, the 24th
MEMBER
day of March, 2026
WHEREAS the Tribunal convened a Settlement Hearing on February 10, 2025 in the matter of an appeal under s.34(11) of the Planning Act by H & R Properties Limited (the “Appellants”), following the refusal by the City of Toronto (the “City”) of the Appellant’s Application concerning a Zoning By-Law Amendment to permit the development of a 22-storey residential building at the property municipally known as 710 The West Mall (the “Subject Site”);
AND WHEREAS the parties agreed to amend the City’s Zoning By-law No. 569-2013, as amended by the Zoning By-law No. 1210-2018, applicable only to the Subject Site and subject to conditions, in order to implement the development of the 22-storey residential building (the “ZBA”).
AND WHEREAS the Ontario Land Tribunal by way of an Interim Decision issued on May 6, 2025, determined that the appeal should be allowed in part with the Final Order withheld pending the Tribunal being advised that the conditions to the Decision for the Tribunal Order to issue have been satisfied;
AND WHEREAS the Tribunal having been advised that the conditions in the Decision have been satisfied to the satisfaction of the City prior to the issuance of a Final Order regarding the Zoning By-Law Amendment Appeal;
AND WHEREAS the Tribunal is satisfied that its direction set out in paragraph 53 of its Decision has been met;
FINAL ORDER
THE TRIBUNAL, having previously allowed the appeal of the City of Toronto’s Zoning By-law 569-2013, in part, is hereby amended as set out in Attachment 1 to this Final Order and in all other respects, the appeal is dismissed. The Tribunal authorizes the municipal clerk to format, as may be necessary, and to assign a number to this by-law for record keeping purposes.
“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