Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 2022
CASE NO(S).: OLT-22-002046 (Formerly PL200629)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1488 Queen Street West Inc.
Appellant: 2090416 Ontario Inc. et al
Appellant: 835 Queen West Inc.
Appellant: B & C Ltd.; and others
Subject: Proposed Official Plan Amendment No. OPA 445
Municipality: City of Toronto
OLT Case No.: OLT-22-002046
Legacy Case No.: PL200629
OLT Lead Case No.: OLT-22-002046
Legacy Lead Case No.: PL200629
OLT Case Name: 1488 Queen Street West Inc. v. Toronto (City)
Heard: February 10th, 2022 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
City of Toronto;
Matthew Longo Collin Doherty Ben Baena
Queens and Brock Holdings Inc., Timbertin (Queen/Bathurst) LP, Silver Hotel Management Inc. [Withdrawn appeal], Hullmark Developments Ltd., 835 Queen West Inc., Benjamin Woolfit; B & C Ltd., IG Woolf Textiles Ltd.
Laura Dean
BSAR (Queen) and Queen Street Post Inc.
Eileen Costello (in absentia) Michael Foderick
Skale Development Inc., High Rhodes Inc. and Jameson Plaza Ltd.
Max Laskin David Bronskill (in absentia)
Estate of Frances Stein
Laura Dean
1488 Queen Street West Inc.
Alex Lusty Aaron Platt (in absentia) Hannah Ruby
2090416 Ontario Inc. et al
Laura Dean Sidonia Tomasella (in absentia)
MEMORANDUM OF DECISION DELIVERED BY N.P. ROBINSON AND ORDER OF THE TRIBUNAL
OVERVIEW
1This was the third Case Management Conference (“CMC”) with respect to the appeals by multiple parties under s. 17(24) of the Planning Act (the “Act”) arising from the City of Toronto’s (“City”) adoption of Official Plan Amendment No. 445 (“OPA”) implementing Site and Area Specific Policy 566 with respect to Queen Street West, City of Toronto.
2The Tribunal was tasked with adjudicating a request for party status and addressing a variety of issues related to the issuance of a Procedural Order (“PO”).
3The Tribunal received a request for party status from the Queen Street Post which is the new owner of 1117 Queen Street West. Queen Street Post Inc. informed the Tribunal that they would shelter under the issues of the other parties and therefore would not significantly increase the complexity of the hearing.
4After hearing submissions from counsel, and with the agreement of the extant parties, the Tribunal found that Queen Street Post Inc. has a significant interest in the matter and was granted party status.
5The parties informed the Tribunal that a 15-day hearing would be sufficient to properly adjudicate the within matter and a draft PO was provided to the Tribunal for approval.
6The matter was set for a 15-day hearing commencing October 23rd, 2023 to November 10th, 2023 and the PO was approved in principle. A final PO was provided to the Tribunal subsequent to this hearing and is attached as Schedule “A”.
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:
https://meet.goto.com/692665589
Access code: 692-665-589
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: +1 (647) 497-9373. The access code is 692-665-589.
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 TRIBUNAL ORDERS that the procedural order attached as Schedule "A" of the within decision issue.
12The Member is not seized for the purpose of the hearing.
“N.P. Robinson”
N.P. ROBINSON
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.