Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 16, 2023
CASE NO(S).: OLT-22-003256, OLT-22-004256
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BJL Properties Inc. et al.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: Refusal or neglect to make a decision to permit a 17-storey mixed-use building
Property Address: 778-788 King Street West
Municipality: City of Toronto
Municipal File No.: 21 237249 STE 10 OZ
OLT Case No.: OLT-22-003256
OLT Lead Case No.: OLT-22-003256
OLT Case Name: BJL Properties Inc. et al. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 29(11) of the Heritage Act, R.S.O. 1990, c. O. 18, as amended
Applicant and Appellant: BJL Properties Inc. et al.
Subject: Heritage By-law 945-2022
Property Address: 778 King Street West
Municipality: City of Toronto
OLT Case No.: OLT-22-004256
OLT Lead Case No.: OLT-22-004256
OLT Case Name: BJL Properties Inc. et al. v. Toronto (City)
Heard: October 27, 2023 by video hearing
APPEARANCES:
Parties
BJL Properties Inc. et al.
Counsel
Matthew Helfand Eileen Costello
Parties
City of Toronto
Counsel
Daniel Elmadany Mark Crawford
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON OCTOBER 27, 2022, AND ORDER OF THE TRIBUNAL
Introduction
1This was the first Case Management Conference (“CMC”) for the above noted matters. BJL Properties Inc. et al. (“Applicant”) has filed an appeal against the City of Toronto’s (“City”) failure to make a decision for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The second appeal is under s. 29(11) of the Ontario Heritage Act (“OHA”) against the designation under part IV of the OHA by the City. The subject property is known municipally as 778-788 King Street West in the City.
2The application under the appeal is to facilitate a proposed development of a 17 storey mixed use building with 373 residential dwelling units.
3The Affidavit of Service for s. 34(11) appeal sworn by Natalie Hickey on September 28, 2022 was marked as Exhibit 1.
4The notice for the OHA appeal under s. 29(11) was served by the Tribunal.
Status Requests for ZBA Appeal
5There were multiple requests for Party status. During the discussion at the CMC regarding what constitutes a Party, their rights and obligations were discussed. As a result, and through this process, no party status requests were granted and others requested that they receive Participant status instead.
6There were multiple requests for Participant status including where such requests have not been duly submitted to the Tribunal. Overall, during the CMC, based on inputs, as well as a review with the Parties, the following requests for Participant requests were granted:
Guy Couturier; Ceri Marsh; Noel Chow; Kim Truong; and Trish Fabik
Agatha Drozdz was granted conditional Participant status subject to promptly providing a Participant Statement to the Case Coordinator.
Updates
7There was discussion regarding consolidating the two appeals. There was no consensus and it was determined to keep the matters together for case management purposes.
8The Applicant submitted that there is a process to have the OHA matter further reviewed between the Parties. This would require a period of time because of scheduling constraints.
9The Tribunal set a next CMC date for March 29, 2023.
Mediation
10The Tribunal informed the parties about Tribunal led mediation service if it could assist the parties.
Disposition
11The Tribunal will schedule a CMC pursuant to the Parties’ request. The Parties will update the Tribunal on the status of discussions and the appeals at the second CMC.
Case Management Conference
12A second CMC is scheduled to commence on Wednesday, March 29, 2023 by video hearing at 10:00 a.m.
13Parties 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.
14The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
15Persons 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.
16Parties 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
17Individuals 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.
18No further notice will be given.
19This Member is not seized but may be reached for case management purposes prior to the second CMC.
20The Tribunal so Orders.
“Jatinder Bhullar”
JATINDER BHULLAR
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.