Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 03, 2023

CASE NO(S).: OLT-22-003652

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, c. 11, Sched. A

Appellant: BJL Properties Inc. Subject: Site Plan Description: To permit the redevelopment of the Site with a 3-storey commercial office building Reference Number: 20 210255 STE 10 SA Property Address: 230 Niagara Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-003652 OLT Lead Case No.: OLT-22-003652 OLT Case Name: BJL Properties Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: BJL Properties Inc. Subject: Minor Variance Description: To permit the redevelopment of the Site with a 3-storey commercial office building Reference Number: A0036/22TEY Property Address: 230 Niagara Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-003983 OLT Lead Case No.: OLT-22-003652

Heard: October 30, 2023 by Video Hearing

APPEARANCES:

Parties

BJL Properties Inc.

Counsel

Naomi Mares Eileen Costello (in absentia)

Parties

City of Toronto

Counsel

Jessica Amey

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON October 30, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the second Case Management Conference (“CMC”) regarding this appeal. The background of this matter was summarized by Member Bhullar in his Decision dated March 31, 2023 and need not be reiterated.

2The CMC was previously scheduled for April 6, 2023 and then rescheduled to July 19, 2023, which was adjourned to September 6, 2023 and ultimately adjourned to today, October 30, 2023.

3The original intent of this CMC was to provide a draft Procedural Order and Issues List for review in order to facilitate a possible setting of a Hearing on the merits.

CASE UPDATE

4The Parties are working towards resolving the outstanding issues in this matter and are hopeful to achieve a settlement/uncontested Hearing of the appeals.

5At the time of the CMC, there were two outstanding issues regarding the Site Plan, and the issues of the Minor Variance appeal have been resolved.

6Ms. Jessica Amey has assumed this file and will take carriage of it going forward for Counsel of the City of Toronto.

THIRD CASE MANAGEMENT CONFERENCE

7The Parties expect that a full settlement of the Site Plan can be reached, and accordingly that a CMC would be scheduled for January of 2024 in anticipation of the request to convert this to a settlement/uncontested Hearing. The Tribunal set the third CMC to commence on Wednesday, January 31, 2024, at 10 a.m.

8The Applicant/Appellant is to provide the Case Coordinator with an update and agenda for the CMC on or before Wednesday, January 17, 2024.

9The Video Hearing is scheduled to proceed on January 31, 2024 at 10 a.m.

10Parties and Participants are asked to log in to 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/344779885

Access code: 344-779-885

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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 344-779-885.

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

ORDER

14The Tribunal Orders its decisions and directives as contained in this Decision.

“Kurtis Smith”

KURTIS SMITH 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.