Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 03, 2022
CASE NO(S).: OLT-22-004116
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: PR Bloor Street GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 79-storey mixed-use development
Reference Number: 21 249697 STE 11 OZ
Property Address: 83-95A Bloor Street West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004116
OLT Lead Case No.: OLT-22-004116
OLT Case Name: PR Bloor Street GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: PR Bloor Street GP Inc.
Subject: Site Plan
Description: To permit the development of a 79-storey mixed-use development
Reference Number: 21 249696 STE 11 SA
Property Address: 83-95A Bloor Street North
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004117
OLT Lead Case No.: OLT-22-004116
Heard: October 5, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Toronto (“City”)
S. O’Connor
PR Bloor Street GP Inc. (“PR”)
D. Bronskill
ABC Residents’ Association (“ABC”) and The Greater
A. Biggart
Yorkville Resident’s Association (“GYRA”)
Metropolitan Toronto
T. Bui
Condominium Corporation No.
G. Miller (in absentia)
1255 (“MTCC No. 1255”)
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON OCTOBER 5, 2022 AND ORDER OF THE TRIBUNAL
1The first Case Management Conference (“CMC”) in this matter was held on October 5, 2022 by Video Hearing (“VH”).
2This Appeal by PR arises from the failure of the City to render a decision concerning PR’s application for a zoning by-law amendment and site plan approval for a proposed 79-storey, mixed-use development (“Development”) located at the address municipally known as 83-95A Bloor Street West, in the City (“Site”).
3Several entities sought Party status at the CMC and two sought Participant status.
4Counsel for each of ABC, GYRA and MTCC No. 1255 noted their respective clients’ proximity to the Site and the expected impact of the significant Development on their interests as residents, property owners and businesses. Neither the City’s counsel nor counsel for PR had any objection to these requests for Party status. In light of this, and the obvious multi-faceted interests of ABC, GYRA and MTCC No. 1255, in relation to the Site and the proposed Development, the Tribunal granted Party status to each of these entities.
5Two entities known as 23 St. Thomas Inc. and MTCC No. 1271 sought Participant status arising from the proximity of their properties and businesses to the Site and the Development. There were no objections to these requests from any of the Parties, and the Tribunal granted Participant status to each of these entities.
6The Parties are in discussions, regarding a draft Procedural Order (“PO”), for this matter and jointly requested a 10-day hearing for the Appeal. The Tribunal has scheduled the hearing to commence on September 18, 2023, for a period of ten days ending September 29, 2023.
Monday, September 18, 2023 at 10 a.m. (ten day hearing)
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: as indicated as above
7Parties 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.
8Parties 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
9Persons 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.
10Individuals 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.
11The City’s municipal elections were underway on the date of the VH and will not be completed until afterwards, the result being that the City’s counsel will not be able to receive final instructions on the draft Issues List contained within their draft PO for approximately a month or two. Therefore, as recognized by all Parties’ counsel that there will likely be required modifications to the Issues List.
12In light of the circumstances described in paragraph [11] above, and also to provide for the opportunity for additional persons or organizations to seek Participant or Party status in this proceeding, once additional notice of this proceeding is provided to others in proximity to the Site (to those who may have inadvertently not received notice prior to this CMC), the Tribunal has determined that a second CMC will be scheduled to take place on January 16, 2023.
Monday, January 16, 2023 at 10 a.m. (one-day hearing)
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: as indicated as above
ORDERS
13The Tribunal Orders that:
(a) The Parties shall submit a final Procedural Order (“PO”) in agreed form and content to the Tribunal five (5) business days prior to the second Case Management Conference (“CMC”) scheduled for January 16, 2023; or,
(b) In the event that the Parties are unable to reach final agreement on the PO they shall submit a version that clearly delineates any remaining areas of disagreement on or before the second CMC.
“William R. Middleton”
William r. middleton
VICE-CHAIR
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.