Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 28, 2023
CASE NO(S).:
OLT-22-004733
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant:
DKI Queen Inc.
Appellant:
Queen and Brock Holding Inc.
Subject:
Parkdale Main Street Heritage Conservation District
Municipality:
City of Toronto
OLT Case No.:
OLT-22-004733
OLT Lead Case No.:
OLT-22-004733
OLT Case Name:
DKI Queen Inc. et al v. Toronto (City)
Heard:
March 13, 2023, by video conference
APPEARANCES:
Parties
Counsel
DKI Queen Inc.
Queen & Brock Holdings Inc. & Kingsett Capital Inc.
City Of Toronto
David Bronskill
Meaghan Barrett
M. Longo and C. Barnett
2090416 Ontario Inc., 10225614 Canada Inc., and 2283169 Ontario Inc.
Laura Dean
MEMORANDUM OF ORAL DECISION DELIVERED BY steven t. mastoras AND HUGH S. WILKINS and ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter is before the Tribunal as the first Case Management Conference (“CMC”) pursuant to appeals under s. 41(4) of the Ontario Heritage Act associated with the City of Toronto’s (“City”) By-Law No. 1218-2022, which designates the Parkdale Main Street Heritage Conservation District and adopts the Parkdale Main Street Heritage Conservation District Plan (“HCD”). DKI Queen Inc., Queen and Brock Holdings Inc. and KingSett Capital Inc. (“KingSett”) (together “Appellants”) appealed the By-law.
2The Affidavit of Service of Notice of the CMC, dated February 8, 2023, was marked as Exhibit 1.
REQUESTS FOR PARTY AND PARTICIPANT STATUS
3The Tribunal received Party Status requests from 2090416 Ontario Inc., the beneficial owner of 1296-1298 Queen Street West and 1300 Queen Street West; 10225614 Canada Inc., the owner of 1312-1314 Queen Street West; and 2283169 Ontario Inc., the owner of 1302 Queen Street West (“Neighbouring Property Owners”).
The Appellants did not object to these requests for Party status. The City submitted that provided that the Neighbouring Property Owners shelter under the Appellants’ issues, it also does not object to the requests. The Neighbouring Property Owners agreed to do this. The Tribunal found that as owners of lands in the HCD, the Neighbouring Property Owners have an interest in the proceedings, will be impacted by the Tribunal’s decision, and will assist the Tribunal in making its decision at a hearing. The Tribunal found that there are reasonable grounds to add the Neighbouring Property Owners as Parties and granted them Party status, as requested.
4There were also requests for Participant Status from the Sunnyside Historical Society/Parkdale Village Historical Society, as represented by Adam Wynne, and the West Side Community Council (a non-profit corporation). There were no objections from the Parties regarding the requests from these organizations, and the Tribunal agreed to confer Participant Status to them as requested.
OPPORTUNITIES FOR SETTLEMENT DISCUSSIONS
5The Appellants agreed to provide their Issues Lists to the City by Friday April 14, 2023, to facilitate settlement discussions. The Tribunal encouraged the Parties to engage in settlement negotiations and to request Tribunal assisted mediation, if mutually agreed to by the Parties.
REQUEST FOR SECOND CMC
6The Parties requested that a second CMC be scheduled allowing time for the Parties to scope the relevant issues and submit a draft Procedural Order and Issues List. The Tribunal agreed and scheduled a second CMC for Thursday September 14, 2023, at 10:00 a.m.
7The Tribunal requests that two days in advance of the second scheduled CMC, the Parties file a draft Procedural Order and Issues List with the Tribunal.
8Parties 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.
9The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
10Persons 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.
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
12Individuals 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.
ORDER
13The Tribunal Orders that 2090416 Ontario Inc., 10225614 Canada Inc., and 2283169 Ontario Inc. are Parties to this proceeding.
14The Tribunal Orders that Sunnyside Historical Society/Parkdale Village Historical Society, as represented by Adam Wynne, and the West Side Community Council are Participants to this proceeding.
15There will be no further notice.
16These Members are not seized of this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
MEMBER
“Hugh Wilkins”
HUGH WILKINS
VICE-CHAIR
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.