Item - 2026.TE29.13

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment Application appeals for the lands municipally known as 29-45 Berwick Avenue, and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. City Council authorize the City Solicitor and City Staff to take any necessary steps to implement City Council's decision, including requesting any conditions of approval that would be in the City's interest, in the event the Ontario Land Tribunal allows the appeal, in whole or in part.

On July 10, 2025, an Official Plan and Zoning By-law Amendment application was submitted and deemed complete on August 14, 2025, satisfying the City's minimum application requirements.

The Official Plan Amendment proposes to redesignate the lands at 29-45 Berwick Avenue from Neighbourhoods to Apartment Neighbourhoods and permit a tall building on the site. The Zoning By-law Amendment proposes a 165-metre residential building (49 storeys, excluding mechanical penthouse). A Rental Housing Demolition Application has also been submitted.

On December 15, 2025, the applicant appealed the Official Plan and Zoning By-law Amendment Application to the Ontario Land Tribunal (“OLT”) due to Council’s failure to make a decision within the time frame in the Planning Act.

This Report recommends that the City Solicitor with the appropriate City Staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the applicant to resolve any outstanding issues.