Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 28, 2021

CASE NO(S).: PL210017

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Skale 1375 QSW LP

Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: MCR T2.5 C1.2 R2.0

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit an 8-storey mixed use rental building

Property Address/Description: 1375 Queen Street West

Municipality: City of Toronto

Municipality File No.: 20 124823 STE 04 OZ

OLT Case No.: PL210017

OLT File No.: PL210017

OLT Case Name: Skale 1375 QSW LP v. Toronto (City)

Heard: May 18, 2021 by video hearing

APPEARANCES:

Parties

Counsel

Skale 1375 QSW LP

D. Bronskill

City of Toronto

J. Davidson

MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MAY 18, 2021 AND ORDER OF THE TRIBUNAL

1Skale 1375 QSW LP (“Appellant”) appealed the failure of the City of Toronto (“City”) to make a decision with respect to the Appellant’s application for a zoning by-law amendment regarding the property located at 1375 Queen Street West (“subject property”).

2On May 18, 2021, the Tribunal held a Case Management Conference (“CMC”) at which it addressed the identification of Parties and Participants, the identification of issues, the preparation of a draft Procedural Order, opportunities for settlement discussions, and the scheduling of hearing dates.

3Prior to the CMC, the Tribunal received a request for Participant status from Korosh Baghal Asl, who owns lands adjacent to the subject property. Neither of the Parties objected to the request for Participant status and the Tribunal granted it as requested.

4At the CMC, the City stated that it had prepared an Issues List and would work with the Appellant to finalize and file a draft Procedural Order. Subsequent to the CMC, on June 22, 2021, the Parties filed a draft Procedural Order and Issues List with the Tribunal. The Tribunal has reviewed, revised and approves the draft Procedural Order and Issues List appended as Attachment 1 to this Order and Decision.

5The Parties described the witnesses to be called and stated that a five- day hearing would be required. The Tribunal scheduled the hearing for late November 2021.

6The Parties expressed an interest in engaging in mediation. The Tribunal encouraged the Parties to promptly contact the Tribunal’s Case Coordinator to request Tribunal-assisted mediation.

ORDER

7The Tribunal orders that Korosh Baghal Asl is a Participant in this proceeding.

8The Tribunal approves the draft Procedural Order and Issues List appended as Attachment 1 to this Order and Decision.

9The Tribunal orders that the hearing of the appeal will commence by video hearing on Monday, November 29, 2021 at 10 a.m. Five days have been set aside for the hearing.

10Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/419300181

Access code: 419 300 181

11Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free): (Toll Free): 1 888 299 1889 or +1 (647) 497-9373. The access code is 419 300 181.

13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

14There will be no further notice.

15This Member is not seized.

“Hugh S. Wilkins”

HUGH S. WILKINS

MEMBER

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.