Historical Reference

The 48-Storey Proposal & OLT Appeal

This page documents the 48-storey proposal that was refused by City Council in February 2025, and the subsequent Ontario Land Tribunal appeal. The matter was resolved through a settlement accepted by City Council in March 2026, which reduced the project to 18 storeys.


The Proposal

The 48-Storey Application (Refused)

3D massing perspective of the proposed 48-storey tower at 506–516 Church Street.

Images: City of Toronto, City Planning Refusal Report — 506–516 Church Street (December 18, 2024).


The Refusal

Why the City Refused the Application

City planning staff identified several serious conflicts between the proposed 48-storey tower and the planning framework governing this part of Church Street. The following summarizes the findings from the December 18, 2024 Refusal Report.29

The Proposal vs. the Approved Project

Feature2022 Approved (14-storey)2024 New Proposal (Refused)
Height14 storeys3048 storeys / 151.8 m31
Residential units165 units32574 units33
Unit mix79 studio, 214 one-bed, 225 two-bed, 56 three-bed34
Density (floor space index)~5× site area21.46× site area35
Non-residential space798 sq. m. retail36390 sq. m. + 611 sq. m. community37
Bike parking176 spaces38634 spaces (518 long-term + 116 short-term)39
Vehicular accessDonna Shaw LaneDonna Shaw Lane — 4 visitor spaces + 4 pick-up/drop-off40
City Council decisionApproved — July 19, 2022Refused — February 5, 2025

Reason 1: Violation of Church Street Village Character Area Policies (SASP 382)

The site falls within the Church Street Village Character Area under Site and Area Specific Policy 382 ("SASP 382") — a planning policy adopted to protect the low-to-mid-rise pedestrian-scaled character of this part of Church Street.41

SASP 382 states the Church Street Village is "a stable area that should experience limited growth" and that development "should reinforce the core village area as a low to mid-rise pedestrian oriented main street."42 It also establishes a 44-degree angular plane from Church Street at 16 metres height, to protect sunlight and streetscape character.43

Key Finding

The proposed tower's base building already exceeds SASP 382's 16-metre height limit at 23 metres.44 The entire tower, starting from the 4th storey, penetrates the angular plane and casts new shadows onto 519 Church Street Community Centre, Barbara Hall Park, and Church Street sidewalks.45

Reason 2: Incompatibility with the Downtown Secondary Plan

The Downtown Secondary Plan identifies this block as Mixed Use Areas 3 – Main Street, where development "will generally be in the form of mid-rise buildings."46 A density of 21.46× the site area far exceeds what is contemplated for this location.

Reason 3: Insufficient Heritage Conservation

The designated heritage buildings at 508–510 Church Street would have only their front facade partially retained, set against a 48-storey tower directly behind.47 Staff found this an inadequate conservation of the property's cultural heritage value.

Reason 4: Built Form and Design Guidelines

The proposal's floor plate, tower setbacks, and massing do not meet the Tall Building Design Guidelines or the North Downtown Yonge Urban Design Guidelines.48

City's Commitment

City Council authorized the City Solicitor and appropriate City staff to defend the refusal before the OLT, and to request any conditions that protect the City's interests if the appeal is allowed in whole or in part.49


The Appeal

The Ontario Land Tribunal Appeal

What Is the Ontario Land Tribunal?

The Ontario Land Tribunal (OLT) is an independent provincial body that adjudicates disputes about land use planning, heritage protection, land valuation, and related matters in Ontario. It was established on June 1, 2021, merging several predecessor tribunals including the former Ontario Municipal Board.50

The Case: Graywood CM GP Inc. v. Toronto (City)

Graywood filed two appeals following City Council's February 5, 2025 refusal — one under the Official Plan provisions of the Planning Act and one under the Zoning By-law provisions.51 The two cases are consolidated under a single lead case:

Detail
Case nameGraywood CM GP Inc. v. Toronto (City)52
Lead case numberOLT-25-000154 (Official Plan appeal)53
Second case numberOLT-25-000155 (Zoning By-law appeal)54
Graywood's counselGoodmans LLP (Joe Hoffman)55
City's counselMatthew Longo, City of Toronto Legal Services56
Hearing formatVideo hearing (GoTo Meeting)57
Scheduled hearing startTuesday, June 16, 2026 at 10:00 a.m.58
Estimated hearing length9 days59

Who Is A Full Party to the Appeal?

In addition to the City of Toronto, two other organizations have been granted party status and are actively opposing Graywood's application:60

As parties, these organizations can present witnesses, cross-examine Graywood's experts, and make full submissions — the same rights as the City.

Note on the Hearing Schedule

The hearing was originally scheduled to commence on March 23, 2026.61 On consent of all parties, the Tribunal issued an amended Procedural Order on March 13, 2026, adjourning the hearing to June 16, 2026.62 This adjournment also reset all pre-hearing deadlines (witness lists, expert reports, joint document book, etc.).

What Were the Possible Outcomes?

City Upheld

The OLT agrees with the City's refusal. The 48-storey application is dismissed. Graywood would need to reapply with a compliant design.

Negotiated Settlement

The parties reach a compromise — possibly a revised design at a reduced height or density — that the OLT approves. This is a common outcome in Toronto planning appeals.

Appeal Allowed

The OLT overrules the City and approves the application, possibly with conditions. The developer could then proceed to build.

Our Corporation's Participant Status

We Are Already a Participant

Metropolitan Toronto Condominium Corporation No. 1329 has been granted formal Participant status in this proceeding.63 This means our corporation has the right to submit a written Participant Statement to the OLT, setting out our position and the issues we wish to raise.

Crafting our Participant Statement is one of the primary purposes of the special meeting being called by the board. We want to hear directly from residents about the impacts you are concerned about, so those concerns can be properly reflected in our written submission to the Tribunal.

What Is a Participant Statement?

Under the OLT's rules, a Participant Statement is a written document that sets out:

As a participant, our corporation cannot present oral evidence or cross-examine witnesses at the hearing — only parties can do that. However, our written statement is formally part of the record before the Tribunal and must be considered.64 The Tribunal may also direct us to attend and answer questions about our submission.

Key Deadline

Under the revised Procedural Order, Participant Statements are due on or before Friday, May 1, 2026.65 The board will be working with legal counsel to finalize the statement well before that date. Resident input gathered at the special meeting will inform the submission.

Most OLT hearings are open to the public to attend as observers.66 The June 16 hearing is a video hearing — connection details will be made available closer to the date.

Resolution

This matter was resolved through a settlement between Graywood and the City of Toronto, accepted by City Council on March 25, 2026. The settlement reduced the project from 48 storeys to 18 storeys with significant design and community benefit commitments. Read about the settlement.


Notes & Sources

Footnotes

Sources & References
  1. City of Toronto Planning Refusal Report, 506–516 Church Street, Dec. 18, 2024, p. 2 ("The Site"): the development site abuts "Donna Shaw Lane to the rear (west)"; the Easement Agreement (effective Sept. 7, 2023), Recital C, confirms the lane runs between Maitland Street and Alexander Street, placing 70 Alexander to the south of the development site. backgroundfile-251745.pdf
  2. Ibid., p. 2 ("Existing Uses"): "a 2-storey non-residential building containing a sales centre (506 Church Street)."
  3. Ibid.: "a 2.5-storey semi-detached house-form non-residential building containing a nightclub (Crews and Tangos) with a 1-storey coach house to the rear (508–510 Church Street)."
  4. Ibid.: "a surface parking lot (512–516 Church Street)."
  5. Ibid., p. 3 ("Heritage"): "designated under Part IV of the Heritage Act, pursuant to By-law 942-2022."
  6. Toronto Preservation Board Staff Report — 508 and 510 Church Street, 2022: "originally constructed as part of a row of six residences in c.1856–1858." backgroundfile-226575.pdf
  7. Ibid.: "Since 1994 they have been the home of Crews, later Crews and Tangos, a storied venue for drag performances and queer gatherings."
  8. Planning Refusal Report, p. 2: "approximate area of 1,706 square metres." backgroundfile-251745.pdf
  9. Ibid.: "frontage of 22.8 metres on Church Street."
  10. Toronto Preservation Board Report (2022): "c.1856–1858." backgroundfile-226575.pdf
  11. Planning Refusal Report, cover: "Ward: 13 – Toronto Centre." backgroundfile-251745.pdf
  12. Planning Refusal Report (Dec. 18, 2024), cover page: applicant identified as "Graywood CM GP Inc." backgroundfile-251745.pdf
  13. Graywood Developments, 506 Church Street project site: "Founded in 1985 by Garnet Watchorn and Moshe Tamari." 506churchstreet.com
  14. Toronto Preservation Board, Item 2022.PB34.3, May 10, 2022. 2022.PB34.3
  15. Planning Refusal Report, p. 2 ("Decision History"): "The Toronto Preservation Board adopted the recommendations of Staff to designate the property at 508 and 510 Church Street under Part IV, Section 29 of the Ontario Heritage Act… and by City Council on June 15, 2022." backgroundfile-251745.pdf
  16. City Council Item 2022.TE34.47 — Final Report (June 13, 2022): "165 dwelling units and 798 square metres of retail space." 2022.TE34.47
  17. Laneway Access Agreement (April 2024), Recital G: references Official Plan Amendment No. 605 and Zoning By-law Amendment No. 1054-2022. (Private document; on file with the board.)
  18. City Council Item 2022.TE34.47, Recommendation 3: "no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered." 2022.TE34.47
  19. Easement and Compensation Agreement, signed April 2024 (effective September 7, 2023), between Graywood CM GP Inc. and Metropolitan Toronto Condominium Corporation No. 1329. (Private document; on file with the board.)
  20. blogTO, "Cancelled Toronto condo that threatened local bar is back at over 3 times the height," Oct. 24, 2024. blogto.com
  21. Laneway Access Agreement, signed April 2024, among Graywood CM GP Inc., MTCC No. 1329, 1665637 Ontario Ltd., and Greenrock Investments Limited and the Second Greenrock Corporation. (Private document; on file with the board.)
  22. Planning Refusal Report (Dec. 18, 2024), cover: "Planning Application Number: 24 226502 STE 13 OZ." backgroundfile-251745.pdf
  23. Ibid., p. 1 and p. 3: "A 48-storey mixed-use building with a height of 151.8-metres to the top of the roof" and "574 dwelling units."
  24. Planning Refusal Report (Dec. 18, 2024). backgroundfile-251745.pdf
  25. City Council Item 2025.TE19.11 — Motions: "Motion to Adopt Item moved by Councillor Chris Moise (Carried)." 2025.TE19.11
  26. Ibid.: "City Council on February 5, 2025, adopted the following… Status: Adopted on Consent." 2025.TE19.11
  27. Ibid., Recommendation 2: "City Council authorize the City Solicitor, together with appropriate City Staff, to appear before the Ontario Land Tribunal in support of City Council's decision to refuse the application."
  28. OLT Procedural Order (July 30, 2025), Attachment 2: "Graywood CM GP Inc. — Goodmans LLP, 333 Bay Street, Suite 3400, Toronto — Joe Hoffman, jhoffman@goodmans.ca." Note: Aird & Berlis LLP represents OEF Village Green Nominee Inc., a separate opposing party. (On file with the board.)
  29. OLT Procedural Order (July 30, 2025), cover: issued following Case Management Conference of June 18, 2025; original hearing date of March 23, 2026. (On file with the board.)
  30. OLT Amended Procedural Order (March 13, 2026), cover: "THE TRIBUNAL ORDERS that… the hearing commencing on June 16, 2026." (On file with the board.)
  31. OLT Procedural Order (July 30, 2025), Attachment 2 — Participants: MTCC No. 1329 is listed as a formal Participant in the proceeding. (On file with the board.)
  32. City of Toronto Planning Refusal Report (Dec. 18, 2024), pp. 1–25. backgroundfile-251745.pdf
  33. City Council Item 2022.TE34.47: "14-storey mixed-use building." 2022.TE34.47
  34. Planning Refusal Report, p. 3: "151.8-metres to the top of the roof and 159.3-metres to the top of the mechanical penthouse." backgroundfile-251745.pdf
  35. City Council Item 2022.TE34.47: "165 dwelling units." 2022.TE34.47
  36. Planning Refusal Report, p. 3 ("Residential Component"): "574 dwelling units." backgroundfile-251745.pdf
  37. Ibid.: "79 studio (14%), 214 one-bedroom (37%), 225 two-bedroom (39%), and 56 three-bedroom units (10%)."
  38. Ibid., p. 3 ("Density"): "21.46 times the area of the site."
  39. City Council Item 2022.TE34.47: "798 square metres of retail space." 2022.TE34.47
  40. Planning Refusal Report, pp. 1 and 3: "390 square metres of ground floor non-residential space, 611 square metres of community space." backgroundfile-251745.pdf
  41. City Council Item 2022.TE34.47: "a total of 176 bicycle parking spaces." 2022.TE34.47
  42. Planning Refusal Report, p. 3: "A total of 634 bike parking spaces would be provided in the underground level, comprised of 518 long-term bike parking spaces and 116 short-term bike parking proposed." backgroundfile-251745.pdf
  43. Ibid., p. 3 ("Access, Parking and Loading"): "4 vehicular visitor parking spaces and 4 pick-up and drop-off spaces to be accessed from Donna Shaw Lane."
  44. Ibid., p. 4: "The site is within the Church Street Village Character Area in SASP 382."
  45. Ibid.: "The Church Street Village Character Area states that the area is regarded as a stable area that should experience limited growth… Development and redevelopment should reinforce the core village area as a low to mid-rise pedestrian oriented main street."
  46. SASP 382, Policy 5.7.2: "base height of 16 metres and a 44 degree angular plane applied from Church Street." City of Toronto By-law 1507-2013. law1507.pdf
  47. Planning Refusal Report (Dec. 18, 2024): "The height of the proposed base building is 23 metres, which considerably exceeds the 16 metre base building height established by the angular plane policies of SASP 382." backgroundfile-251745.pdf
  48. Ibid.: "The entire tower, starting from the 4th storey, penetrates the angular plane established from the Church Street frontage, resulting in new incremental shadows on the 519 Church Street and Barbara Hall Park and the sidewalks on Church Street."
  49. Ibid., p. 4 ("Downtown Secondary Plan"): "Development in Mixed Use Areas 3 will generally be in the form of mid-rise buildings."
  50. Ibid., p. 1 (Summary): "proposes the partial retention of the 2.5-storey semi-detached heritage building."
  51. Ibid.: "The building massing, floor plate, tower setbacks, and height do not meet the intent of the Official Plan, Downtown Secondary Plan, or SASP 382. The proposal does not meet the intent of the Tall Building Design Guidelines and North Downtown Yonge Design Guidelines."
  52. City Council Item 2025.TE19.11, Recommendations 2 and 3. 2025.TE19.11
  53. OLT, "The Ontario Land Tribunal": "The Tribunal was established on June 1, 2021 under the authority of section 2 of the Ontario Land Tribunal Act, 2021." olt.gov.on.ca/the-ontario-land-tribunal/
  54. OLT Procedural Order, July 30, 2025 (Case Nos. OLT-25-000154 & OLT-25-000155), cover page: proceeding commenced under subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13. (On file with the board.)
  55. Ibid.: "OLT Case Name: Graywood CM GP Inc. v Toronto (City)."
  56. Ibid.: "OLT Case No.: OLT-25-000154." Search via OLT Case Status: olt.gov.on.ca/case-status/
  57. Ibid.: "OLT Case No.: OLT-25-000155." olt.gov.on.ca/case-status/
  58. OLT Procedural Order (July 30, 2025), Attachment 2 — List of Parties and Participants: "Graywood CM GP Inc. — Goodmans LLP, 333 Bay Street, Suite 3400, Toronto — Joe Hoffman, jhoffman@goodmans.ca."
  59. Ibid.: "City of Toronto — Matthew Longo, matthew.longo@toronto.ca."
  60. OLT Amended Procedural Order, March 13, 2026, Schedule A, paragraph 2: "The video hearing will begin on Tuesday, June 16, 2026 at 10:00 a.m. at https://meet.goto.com/943363669." (On file with the board.)
  61. Ibid., paragraph 2 and Attachment 1 (Summary of Dates): "Hearing commences — Tuesday, June 16, 2026."
  62. Ibid., paragraph 3: "The parties' initial estimation for the length of the hearing is 9 days."
  63. OLT Procedural Order (July 30, 2025), Attachment 2 — Parties: Church Wellesley Neighbourhood Association Inc. (Ian Flett) and OEF Village Green Nominee Inc. (Aird & Berlis LLP — Maggie Bassani & Alex Suriano).
  64. OLT Procedural Order (July 30, 2025), paragraph 2 and Attachment 1: original hearing commencement date of Monday, March 23, 2026.
  65. OLT Amended Procedural Order (March 13, 2026), cover: "THE TRIBUNAL ORDERS that… the following Procedural Order in Schedule A be issued, for the purpose of governing the required procedures leading up to the hearing commencing on June 16, 2026." (On file with the board.)
  66. OLT Procedural Order (July 30, 2025), Attachment 2 — Participants: "Metropolitan Toronto Condominium Corporation No. 1329 — David DeAngelis."
  67. OLT Procedural Order (July 30, 2025), Attachment 5: "A participant is an individual or corporation… who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so)."
  68. OLT Amended Procedural Order (March 13, 2026), Attachment 1 — Summary of Dates: "Friday, May 1, 2026 — Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements."
  69. OLT FAQs: "Most hearing events are open to the public and anyone can attend to watch, unless directed otherwise by the Member(s)." olt.gov.on.ca/faqs/
  70. Easement and Compensation Agreement (effective Sept. 7, 2023), Recitals B and D: Alexander Condo manages 70 Alexander Street; the most southern portion of Donna Shaw Lane forms part of the Alexander Condo lands. (Private document; on file with the board.)
  71. Ibid., Recital D: the northern portion of Donna Shaw Lane is a public lane owned by the City of Toronto.
  72. Ibid.: the most southern portion of Donna Shaw Lane forms part of the Alexander Condo lands.
  73. Ibid., Section 1(a): grants a non-exclusive surface access easement and right-of-way, in perpetuity, for pedestrian and vehicular access.
  74. Ibid., Section 1(a): the easement is granted in perpetuity.
  75. Ibid., Section 4(a): lump-sum compensation payable in two equal installments. (Private document; on file with the board.)
  76. Ibid., Section 4(b): if construction is not substantially complete within 36 months of demolition, the developer pays an additional annual fee for continued use. (Private document; on file with the board.)
  77. Ibid., Section 6(a): annual contribution toward maintenance and repair of the private portion of the laneway, indexed to construction cost inflation. (Private document; on file with the board.)
  78. Ibid., Section 3(a): reimbursement of cleaning costs up to a specified cap. (Private document; on file with the board.)
  79. Ibid., Section 5(a): requires repaving of the private portion of the laneway within 60 days of substantial project completion. (Private document; on file with the board.)
  80. Laneway Access Agreement (April 2024), cover: parties listed as Graywood CM GP Inc., MTCC No. 1329 (Alexander Condo), 1665637 Ontario Ltd. (Alexander Retail), Greenrock Investments Limited, and the Second Greenrock Corporation. (Private document; on file with the board.)
  81. Ibid., Section 1: developer obligations during construction. (Private document; on file with the board.)
  82. Ibid., Section 1(e): vehicles must access the laneway from Maitland Street and may not stop in the private portion except to load or unload. (Private document; on file with the board.)
  83. Ibid., Section 1(f): construction vehicles must not exceed specified height, width, length, or weight limits. (Private document; on file with the board.)
  84. Easement and Compensation Agreement, Section 5(a): requires the developer to maintain access to the parking garage and service bay. (Private document; on file with the board.)
  85. Laneway Access Agreement: requires at least 5 business days' notice before any interruption of access. (Private document; on file with the board.)
  86. Laneway Access Agreement (April 2024), Sections 1(b)–1(f). (Private document; on file with the board.)
  87. Easement and Compensation Agreement (effective Sept. 7, 2023), Section 5(a). (Private document; on file with the board.)
  88. Planning Refusal Report (Dec. 18, 2024): "new incremental shadows on the 519 Church Street and Barbara Hall Park and the sidewalks on Church Street." backgroundfile-251745.pdf
  89. City Council Item 2025.TE19.11, Recommendations 2 and 3. 2025.TE19.11
  90. City Council Item 2025.TE19.11 — Motions: "Motion to Adopt Item moved by Councillor Chris Moise (Carried)." 2025.TE19.11
  91. OLT FAQs: "Those with an interest in the matter may be able to request party or participant status." olt.gov.on.ca/faqs/
  92. City Council Item 2026.CC39.6 — 506-516 Church Street, Official Plan and Zoning By-law Amendment Application, OLT Hearing — Request for Directions (March 25, 2026). 2026.CC39.6
  93. City Solicitor Report — Request for Directions (March 13, 2026), p. 1 ("Summary"). settlement-request-for-directions.pdf
  94. Goodmans LLP Settlement Offer Letter (March 12, 2026), p. 2 ("The Settlement — Height of the Building"): "The height of the building has been decreased from 48 storeys (152 metres excluding the mechanical penthouse) to 18 storeys (60 metres excluding the mechanical penthouse)." settlement-offer-letter.pdf
  95. Ibid., p. 2 ("Building Setbacks from Church Street"): "From levels 3 to 13 the building is set back 15 metres from the east property line fronting Church Street."
  96. Ibid., p. 2: "At level 14, a 2-metre stepback is introduced, representing a 17 metre setback from Church Street" and "At level 17, an additional 1 metre stepback is introduced, representing a 18 metre setback from Church Street."
  97. Ibid., p. 3 ("Rear Setbacks to Donna Shaw Lane"): "At Level 7, a 2-metre stepback is introduced to the west property line from Donna Shaw Lane."
  98. Ibid., p. 2 ("Balconies"): "Only Juliette balconies (no projecting balconies) will be permitted on the east side of the building fronting Church Street."
  99. Ibid., p. 3 ("Heritage"): "The heritage façade will be conserved in accordance with the approval granted by City Council on February 5, 2025 in Item TE19.12."
  100. Ibid., p. 3: "a streetwall height of approximately 11 metres is proposed, which will respect the scale and proportion of adjacent buildings and existing context."
  101. Ibid., p. 4 ("Tenants of At-Grade Retail Uses"): the Owner will "offer each commercial unit to the existing tenants (who occupy any commercial space on the Property as of March 1, 2026) on market terms prior to entering into negotiations with any other prospective tenant."
  102. Ibid., p. 4 ("Section 37 Contribution"): "Our client would agree to a Section 37 contribution of $2,000,000, with the allocation of funds to be detailed in a Section 37 Agreement."
  103. Ibid., p. 3 ("Unit Mix"): "A minimum of 15% of total units will be two-bedroom and a minimum of 10% of total units will be three-bedroom."
  104. Diamond Schmitt Architects, Settlement Plans for 506–516 Church Street (March 13, 2026). Made public March 31, 2026 as Confidential Appendix B to City Council Item CC39.6. settlement-plans.pdf