Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 27, 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 No. 569-2013 and former City of Toronto By-law No. 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 St. E.
Municipality: City of Toronto
Municipality File No.: 20 220233 STE 13 OZ
OLT Case No.: OLT-21-001651
OLT File No.: OLT-21-001651
OLT Case Name: BJL Sumach Corp. v. Toronto (City)
Heard: May 9, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
BJL Sumach Corp.
Matthew Helfand
City of Toronto
Colin Dougherty
Mark Crawford
Preserve Corktown
Douglas Best
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE AND T.F. NG ON MAY 9, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) in relation to appeals brought under s. 34(11) of the Planning Act (“Act”) by BJL Sumach Corp. (“Appellant”) against the City of Toronto (“City”) for failure to make decisions within the statutory timeframes on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) in relation to the properties at 471, 473, 475, 477, and 479 Queen Street East.
2The OPA and ZBLA are required to give effect to the Appellant’s proposal to develop 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”).
REQUESTS FOR STATUS
3At the first CMC, on February 4, 2022, Participant Status had been granted to Corktown Residents and Business Association and to Andrew Hilton. A number of Participant Status Requests were not considered because the potential Participants did not attend the CMC. Their requests were deferred to the second CMC and were dealt with on May 9, 2022.
4Coralina Lemos and Andrew Bourgeois attended the second CMC, and were granted Participant Status with consent of the Parties. However, Eric O’Rourke and Tres De La Comte did not attend the second CMC. As such, their individual request to become a Participant in this hearing was not granted.
5In response to the Notice, the Tribunal received no other requests for status (Party or Participant). Accordingly, the appeal will proceed with the involvement and participation of only the Parties and Participants identified above.
MEDIATION AND SETTLEMENT
6The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation. The Parties advised that they were not in a position at this stage to engage in such discussions, but remain open to the possibility of settlement at some point in the future and are aware of the availability of mediation.
7The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may reach out to the Tribunal’s Case Coordinator for assistance in this regard.
PROCEDURAL ORDER/ISSUES LIST
8The Parties produced an agreed-upon draft Procedural Order (“PO”) and Issues List, which was reviewed at the CMC.
9Counsel for the Appellant undertook to revise and re-submit for the Tribunal’s approval by May 16, 2022, a revised PO and Issues List in accordance with the Tribunal’s directions and any agreement made amongst the Parties.
HEARING
10Given the number of Parties and potential witnesses, and the number of issues, the Parties requested the Tribunal schedule a ten (10) day hearing. Accordingly, a video hearing will commence at 10 a.m. on Monday, March 13, 2023 until Friday, March 24, 2023 for ten (10) days. No further notice will be given.
11Parties 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/687587165
Access Code: 687-587-165
12Parties 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://apps.gotomeeting.com/home.html
13Persons 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 or (Toll Free): 1 (888) 299-1889. The access code is 687-587-165.
14Individuals 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.
OTHER MATTERS
15The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
16The Tribunal Orders that:
The Hearing is fixed for ten days commencing Monday, March 13, 2023 to Friday, March 24, 2023.
The Procedural Order and Issues List to be forwarded to the Case Coordinator on or before May 16, 2022.
The Procedural Order shall govern the proceedings.
17There will be no further notice and these Members are not seized.
18It is so ordered.
“Bita M. Rajaee”
b. rajaee
member
“T. F. Ng”
T. F. ng
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.