Anthony Marcusa –
In a David-versus-the-developer battle, the Church Wellesley Neighbourhood Association (CWNA) has achieved a victory, at least for now, against a Kingsett Capital plan to build a high-rise tower at the centre of the community. In a surprising ruling, the Ontario Land Tribunal refused a plan to build a mixed-use development from 68 to 78 Wellesley Street East[EM1] .
Kingsett Capital is appealing the decision.
In 2024, the developer had appealed City Council’s rejection of its application for a 28-storey tower on the northeast corner of Church and Wellesley Streets, located above a row of heritage townhomes and an iconic Pizza Pizza store. The application proposed 258 residential units.
The developer submitted revised plans in early 2025, maintaining the same height and number of units but increasing retail space by removing community space. Neighbhourhood residents raised funds and rallied against the Kingsett proposal.
The proposed built form was not consistent with the city’s Official Plan, the tribunal decided. It “does not constitute good land use planning and approval of such a development proposal would not be in the public interest.”
Residents and leaders alike cheered the decision.
“We’re all very pleased. It was by no means a certain thing,” CWNA member Peter Small told the bridge. “The developer has been at this for a long time, with some very good expert witnesses. It’s extremely rare for the city to win in a tribunal [ruling], and of course for the community group to share in the success.”
“I think the CWNA being there really made a difference,” he added. “It really helps when the community is represented.”
Ward 13 Councillor Chris Moise shared in the celebration.
“Huge victory at the Ontario Land Tribunal (OLT) for Church-Wellesley Village & everyone who supports planning policies that maintain Church Street’s mid-rise character!” he said in a statement. “It also upheld policies related to shadows on Barbara Hall Park, and the angular plan policy that reinforces the midrise character of this section of Church Street.”
When the Progressive Conservative government came to power in 2018, the tribunal was reorganized, undoing efforts by the previous Liberal Party administration that made it more citizen-friendly.
“The new government refused to reappoint many members of the planning and environmental tribunals who had been appointed by the previous government,” according to Tribunal Watch Ontario. “Members with an environmental law background were particularly targeted. New appointees predominantly had a development industry background.”
In its appeal, Kingsett argued that the tribunal erred in its interpretation and application of the City Plan.
Another developer appeal is heading to the tribunal next year after City Council refused an application for a 48-storey tower at 506-514 Church Street, a block south of Wellesley.
“We’re going to be there for that, we’ve indicated our interest in participating in that process,” said Small. “I think this [decision] sets a really good precedent.
