Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 26, 2022
CASE NO(S).: OLT-22-002167 (Formerly) PL210165, OLT-22-002237
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Queen and Brock Holdings Inc. Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment Description: To permit a 9-storey mixed use building Property Address: 1354-1360 Queen Street West and 8-14 Brock Avenue Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002167 Legacy Case No.: PL210165 OLT Lead Case No.: OLT-22-002167 Legacy Lead Case No.: PL210165 OLT Case Name: Queen and Brock Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Queen and Brock Holdings Inc. Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision Description: To permit a 9-storey mixed use building Property Address: 1354-1360 Queen Street West and 8-14 Brock Avenue Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002170 Legacy Case No.: PL210166 OLT Lead Case No.: OLT-22-002167 Legacy Lead Case No.: PL210165
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Appellant: Queen and Brock Holdings Inc. Subject: Objection to designating By-law 937-2021 Property Address: 1354-1360 Queen Street West Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002237 OLT Lead Case No.: OLT-22-002237 OLT Case Name: Queen and Brock Holdings Inc. v. Toronto (City)
Heard: March 3, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Queen and Brock Holdings Inc. | E. Costello |
| City of Toronto | M. Longo |
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON MARCH 3, 2022 AND ORDER OF THE TRIBUNAL
1This was the second case management conference (“CMC”) for the Official Plan Amendment (“OPA”), and Zoning By-law Amendment (“ZBA”) appeals and first CMC for the Ontario Heritage Act (“OHA”) appeal. At this CMC, the matters were heard together (but not consolidated for appeals processing at the Tribunal).
OPA AND ZBA APPEALS
2Queen and Brock Holdings Inc. (“Appellant”) appealed the failure of the City of Toronto (“City”) to adopt an official plan amendment proposed by the Appellant and to make a decision with respect to the Appellant’s application for a zoning by-law amendment regarding the properties located at 1354-1360 Queen Street West and 8-15 Brock Street (“subject properties”).
OHA APPEAL, PARTIES AND PARTICICPANTS
3The City informed that on November 9, 2021, the properties located at 1354, 1358 and 1360 Queen Street West in the City were designated heritage in consideration of “Design: Historical and Contextual Value” under the City By-law No. 937-2021 pursuant to Part IV, subsection 29 of the OHA.
4There were no requests received by the Tribunal for additional party status.
5The Tribunal reviewed requests for participants status. After review and input, and on consent of the parties, the following were granted participant status for the OHA appeal:
a. Parkdale Residents Association
b. Sunnyside Historical Society/Parkdale Village Historical Society.
UPDATES AND FUTURE PLANS
6The parties stated they have been working together and exploring settlement opportunities.
7The parties requested time to discuss the merit of consolidating the Planning Act and OHA appeals and, subject to that determination, to allow for the preparation of a draft Procedural Order for the hearing of the matters.
8The Tribunal scheduled the next CMC for April 28, 2022.
ORDER
9The Tribunal orders that a CMC will be held by video hearing on Thursday, April 28, 2022, at 10 a.m.
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://meet.goto.com/638422541
Access Code: 638-422-541
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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
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 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.
14There will be no further notice.
15This Member is not seized.
“Jatinder Bhullar”
JATINDER BHULLAR
MEMBER
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.