1205229 Canada Inc., 2025 CanLII 105945

Committee of Adjustment

Comité de dérogation

DECISION CONSENT/SEVERANCE

Date of Decision:

October 17, 2025

Panel:

1 - Urban

Files:

D08-01-25/B-00159 & D08-01-25/B-00160

Application:

Consent under section 53 of the Planning Act

Applicant:

1205229 Canada Inc.

Property Address:

151 George Street, 126 York Street

Ward:

12 - Rideau-Vanier

Legal Description:

Lots 21, 22 and 23, South York Street and Lots 21 and 22, North George Street, on Registered Plan 42482

Zoning:

MD2 [2791] S460 & R5R [2791] S460

Zoning By-law:

2008-250

Heard:

October 7, 2025, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The property contains a five-storey former warehouse building and an adjoining 22-storey tower, with a hotel use principally located in the former warehouse building and 349 residential units on the floors above, as well as three levels of underground parking. The Applicant wants to subdivide the property to create separate ownership of the hotel use and its associated elements and the residential use and its associated elements, with reciprocal easements for access, parking, and shared utilities and services.

CONSENT REQUIRED

2The Applicant requires the Committee’s consent to sever and to grant easements/rights of way. The property is shown as Parts 1 to 32 on a draft strata plan of survey filed with the applications and the separate parcels will be as follows:

Table 1 Proposed Parcels

File No.

Parts

Parcel Layout

Municipal Address

B-00159

3 to 13, 17, 22, 24, 25, 28 and 31

• The majority of underground parking levels 1 to 3
• A portion of the ground floor (George Street frontage)
• The majority of floors 6 and 7 (George Street frontage)
• Floors 8 to 22
• Mechanical penthouse floor and above roof

126 York Street (Hotel)

B-00160

1, 2, 14, 15, 16, 18 to 21, 23, 26, 27, 29, 30 and 32

• A portion of underground parking levels 1 to 3
• The majority of the ground floor (York Street frontage)
• Floors 1 to 5
• A portion of floors 6 and 7 (York Street frontage)

151 George Street (Residence)

3The area of each Part in square metres is set out in a surveyor’s certificate filed with the applications.

4Easements/rights of way are proposed over the residential parcel in favour of the hotel parcel as follows (B-00159):

• Over Part 4 (stairwell), Part 9 (drive aisle), Part 12 (stair, corridor and vestibule), Part 24 (sidewalk entrance to residences), and Part 25 (corridor) for pedestrian access.
• Over Part 5 (residential space) for access to Part 31 (mechanical penthouse and roof)
• Over Part 9 (drive aisle) for vehicular access.
• Over Parts 6, 7, 8, 10, 11 and 13 for parking.
• Over Part 17 (fire pump room), Part 22 (fire control room), and Part 31 (mechanical penthouse and roof) for shared utility and service.

5Easements/rights of way are proposed over the hotel parcel in favour of the residential parcels as follows (B-00160):

• Over Part 14 (stairwell, corridor), Part 15 (stairwell, hotel shuttle hall), Part 19 (corridor link), Part 20 (stairwell), Part 21 (drive aisle), and Part 23 (stairwell and corridor) for pedestrian access.
• Over Part 21 (drive aisle) for vehicular access.
• Over Part 29 (pool, gym, etc.) for amenities.
• Over Part 16 (stormwater retention), Part 18 (electrical vault), Part 26 (electrical shaft), Part 27 (generators), Part 30 (mechanical room) for shared utility and service and Part 32 (electrical room).

6Blanket easements are also proposed for:

• Maintenance and repair of structural elements
• All utilities and their repair and maintenance

7The applications indicate the property is subject to existing easements as set out in instruments OC2671916 and OC2618946.

8The property is not the subject of any other current application under the Planning Act.

PUBLIC HEARING

Oral Submissions Summary

9Mark Ousley and Tim Beed, agents for the Applicant, provided a slide presentation, a copy of which is on file with the Secretary-Treasurer and available from the Committee Coordinator upon request.

10Mr. Beed confirmed that the purpose of the applications was to address the legal management of the building. In response to questions from the Panel, he confirmed that parking meets the requirements of the Zoning By-law and that a Joint Use and Maintenance Agreement would be registered on title.

11City Planner Penelope Horn confirmed that she had no concerns with the applications.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Applications Must Satisfy Statutory Tests

12Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Planning Statement, 2024 and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):

Criteria

(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,

a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;

b) whether the proposed subdivision is premature or in the public interest;

c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;

d) the suitability of the land for the purposes for which it is to be subdivided;

d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;

f) the dimensions and shapes of the proposed lots;

g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

h) conservation of natural resources and flood control;

i) the adequacy of utilities and municipal services;

j) the adequacy of school sites;

k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;

l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and

m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).

Evidence

13Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:

• Applications and supporting documents, including cover letter, plans, parcel abstract, tree conservation report, photo of the posted sign, and a sign posting declaration.
• City Planning Report received October 7, 2025, with no concerns; received October 2, 2025, with no concerns.
• Rideau Valley Conservation Authority email received October 3, 2025, with no objections.
• Hydro Ottawa email received October 1, 2025, with comments.

Effect of Submissions on Decision

14The Committee considered all written and oral submissions relating to the application in making its decision and granted the applications.

15The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications.

16Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.

17The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.

18Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

19Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.

20THE COMMITTEE OF ADJUSTMENT ORDERS that the applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.​​​​​

"Ann M. Tremblay" ANN M. TREMBLAY CHAIR

"John Blatherwick" JOHN BLATHERWICK ACTING PANEL CHAIR

Absent COLIN HASKIN MEMBER

"Arto Keklikian" ARTO KEKLIKIAN MEMBER

"Sharon Lécuyer" SHARON LÉCUYER MEMBER

I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated October 17, 2025. “Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER

NOTICE OF RIGHT TO APPEAL

To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on November 6, 2025.

• OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal . First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.

• BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.

• IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the appeal form if you wish to pay by credit card.

Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.

The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application.

Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.

There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.

If you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal

NOTICE TO APPLICANT(S)

Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.

Ce document est également offert en français.

Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436

Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436

APPENDIX A

1. That the Owner(s) provide a servicing plan or other proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, that each existing building and/or unit on the severed and retained parcels has its own independent water, sanitary and sewer connection, as appropriate, that are directly connected to City infrastructure and do not cross the proposed severance line.

If the services are shared, and there is sufficient justification for the service locations to remain, the Owner(s) may be required to obtain an Environmental Compliance Approval (ECA) from the Ministry of Environment, Conservation and Parks, the approval of the Committee to grant easement(s) for access and maintenance of the services, and/or to register on title, a Joint Use and Maintenance Agreement, between the Owners of the services, which shall be at their own costs.

The Owner(s) may be required to enter into a Development Agreement with the City, at the expense of the Owner(s), to cover these required items as well as all engineering, administrative and financial matters. The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

2. That the Owner(s) provide evidence to the satisfaction of the Chief Building Official, or designate, that the party wall meets the Ontario Building Code, 0. Reg. 332/12 as amended, which requires a fire separation from the basement through to the underside of the roof and horizontally where required. Verification from the Building Inspector is required. If necessary, a building permit shall be obtained from Building Code Services for any required alterations. Should the Chief Building Official, or their designate, determine that the condition is no longer required, the condition may be deemed satisfied upon issuance of written confirmation to the Committee.

3. That the Owner(s) satisfy the requirements of Hydro Ottawa with respect to the provision of a Common Elements Agreement to provide each property with mutual access, maintenance and cost sharing responsibilities for the electrical supplies.

4. That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent.

5. That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for a Conveyance for which the Consent is required.