Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 23, 2022
CASE NO(S).: OLT-22-003265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: BJL Properties Inc. and 47 Camden Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 16-storey mixed-use building
Reference Number: 21 235947 STE 10 OZ
Property Address: 39-47 Camden Street
Municipality: City of Toronto
OLT Case No.: OLT-22-003265
OLT Lead Case No.: OLT-22-003265
OLT Case Name: BJL Properties Inc. and 47 Camden Inc. v. Toronto (City)
Heard: August 17, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
BJL Properties Inc.; and 47 Camden Inc.
Eileen Costello
City of Toronto
Derin Abimbola
Ray Kallio
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON AUGUST 17, 2022, AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. BJL Properties Inc. and 47 Camden Inc (“Applicant”) has filed an appeal against the City of Toronto (“City”) for failing to make a decision for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34 (11) of the Planning Act. The property is known municipally as 39 – 47 Camden Street in the City of Toronto (“subject property”).
2The effect of the ZBA is to allow a mixed-use development with an increased height and density on the subject property. The subject property is currently vacant but was formerly occupied by two non-residential buildings and a surface parking lot.
3The Affidavit of Service sworn July 27, 2022 is marked as Exhibit 1. No further notice is required.
4There are no additional requests for party status with respect to this matter. There are three requests for participant status from Valerie Eggertson representing the Garment District Neighborhood Association, Mason Shan, and Nadine Burdack. The Tribunal granted the three individuals the requested participant status with consent of all parties.
5Ms. Costello, on behalf of the Applicant, provided background information with respect to the application for the benefit of the Tribunal, parties and participants present. The subject property is located on the South side of Camden Street, midblock between Brant Street and Spadina Avenue. The Applicant is seeking to construct a 16-storey mixed-use building consisting of approximately 150 residential dwellings and retail at ground level. Ms. Costello provided a brief chronology of the application as it progressed through the City.
6Ms. Costello noted that the City and her client have had preliminary discussions with respect to a procedural order. Now that the parties have been established, a procedural order and issues list may be prepared.
7The Tribunal is informed by Ms. Abimbola that she will not be in a position to seek instructions from City Council until early 2023. She expects that a directions report will be presented to City Council in January 2023.
8The Tribunal directed that a further CMC be scheduled in February 2023 to review a draft procedural order, review the issues list, set a date for a merits hearing and explore opportunities for Tribunal-led mediation. Both parties consented to this approach.
TRIBUNAL DISPOSITION
9The Tribunal is prepared to schedule a full day CMC commencing on Tuesday February 21, 2023 at 10 a.m.
10The Tribunal directs that a draft procedural order be submitted to the Case Coordinator no later than Thursday February 16, 2023 at 4:30 p.m.
CMC TECHNICAL DETAILS
11A full day CMC will convene on Tuesday February 21, 2023, by video hearing at 10 a.m.
12Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
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 at: 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889 The access code is 979-388-733
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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16Accordingly, the Tribunal Orders:
- A full-day Case Management Conference is to convene on Tuesday February 21, 2023.
17No further notice will be given.
18The Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.