Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 01, 2022
CASE NO(S).: OLT-21-001651
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BJL Sumach Corp.
Subject: Application to amend City of Toronto Zoning By-law 569-2013 and former city of Toronto Zoning By-Law 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Mixed Use
Proposed Zoning: Mixed Use (Site Specific)
Purpose: To permit a 15 storey, 143-unit mixed use development
Property Address/Description: 471-479 Queen Street East
Municipality: City of Toronto
Municipal File No.: 20 220233 STE 13 OZ
OLT Case No.: OLT-21-001651
OLT Lead Case No.: OLT-21-001651
OLT Case Name: BJL HP Corp. v. Toronto (City)
Heard: February 4, 2022 by video hearing
APPEARANCES:
Parties
Counsel
BJL Sumach Corp.
Matthew Helfand
City of Toronto
Colin Dougherty
Preserve Corktown
Douglas Best
MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON ON FEBRUARY 4, 2022 AND ORDER OF THE TRIBUNAL
1The Appellant, BJL HP Corp. appeals due to the City of Toronto’s (“City”) failure to make a decision within the requisite time with respect to its proposal to amend the Zoning By-laws for the properties at 471, 473, 475, 477 and 479 Queen Street East to permit a 15-storey (51.1 metres plus a 3.7-metre mechanical penthouse) mixed-use building with ground floor retail and 143 residential dwelling units (“Development”).
2A case management conference (“CMC”) was convened before the Tribunal on February 4, 2022. The Tribunal was tasked with adjudicating several participant and party requests. Several participants were unexpectedly absent at the CMC and, at the suggestion of the parties, the Tribunal agreed to defer these participant requests to the next CMC date.
3In particular, the participant requests of Andrew Bourgeois, Eric O’Rourke, Coralina Lemos, and Tres De la Comte were deferred to the next CMC date.
4The Tribunal granted participant status to Corktown Residents and Business Association and Andrew Hilton—both of whom have an interest in the matter and will assist the Tribunal in understanding the concerns and impacts of the Development on the local community.
5Corktown Residents and Business Association, an incorporated non-profit community organization, filed its articles of incorporation with the Tribunal shortly after the CMC.
6Ben Martin appeared on behalf of the numbered company 1250294 Ontario Ltd (“Ontario Ltd.”) to seek party status. After hearing the submissions of Ontario Ltd., the Tribunal concluded that its central interest in the proceedings involved an easement—a matter over which the Tribunal does not have jurisdiction—and the Tribunal concluded that Ontario Ltd. therefore does not have a legitimate interest in the application. This stated, the Tribunal directed that Ontario Ltd. continue to receive Notice of the hearing.
7Preserve Corktown was granted party status by the Tribunal after the Tribunal concluded that its involvement would benefit the hearing insofar as understanding issues such as heritage, privacy, and traffic are concerned.
8The parties agreed to work together to develop an Issues List for the Tribunal and Preserve Corktown, the newest party, was directed to provide its Issues List to the other parties on or before April 15, 2022.
9The parties agreed that a draft procedural order would be provided to the Tribunal on or before April 21, 2022.
10The issue of mediation was raised but the Tribunal, at the suggestion of the parties, agreed to defer this discussion to the next CMC date given.
11The matter was adjourned for a further CMC commencing on Monday, May 9, 2022 at 10 a.m.
12Parties 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://meet.goto.com/660145013
Access Code: 660-145-013
13Parties 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.
14Persons 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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
15Individuals 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 video hearing 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.
16No further notice will be given.
17This Member is not seized.
“N.P. Robinson”
N.p. Robinson
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.