Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 2023
CASE NO(S).: OLT-22-003652
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006
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: January 10, 2023 via Video Hearing
APPEARANCES:
| Parties | Counsel/Representatives |
|---|---|
| BJL Properties Inc. et al. | Eileen Costello |
| City of Toronto | Daniel Elmadany, Colin Dougherty |
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JANUARY 10, 2023 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 regarding approval of a Site Plan (“SP”) pursuant to s. 41(12) of the Planning Act and the denial of minor variances (“MV”) by the Committee of Adjustment pursuant to s. 45(12) of the Planning Act.
2The property is known municipally as 230 Niagara Street in the City (“Subject Property”). The Applicant plans to redevelop the Subject Property as a three-storey commercial office building.
Parties and Participants for MV
3There were two requests for granting of participant status. Both requests were reviewed and the parties also provided consent. As a result, the Tribunal granted participant status to Nadia Thomas and Nicos Fassler.
4There were no additional requests for party status and none were granted.
Updates
5The parties requested on consent that a follow-up CMC be set around March 30, 2023 as recent approval of the City’s city-wide Zoning By-law 569-2013 (“ZBL”) as the MV needed to be updated with respect to the ZBL.
6Additionally, the parties informed that during the time leading up to the second CMC, the SP will be updated by the Applicant and submitted to the City.
7The City also informed that with respect to the MV appeal, it has instruction to take no position.
8The Tribunal Ordered that a second CMC is set for Thursday, April 6, 2023 at 10 a.m. However, it is noted that the parties have lately requested and the Tribunal have set a new date for the second CMC to be held on Wednesday, July 19, 2023 by video hearing at 10:00 a.m.
9The Tribunal directs that prior to the commencement of the second CMC, the parties shall provide to the Tribunal a draft Issues List for review to facilitate possible settings of a hearing on merits.
10The Tribunal informed the parties about Tribunal led mediation service if it could assist the parties.
Second CMC Technical Details
11The second CMC is scheduled to commence on Wednesday, July 19, 2023 by video hearing at 10:00 a.m.
12Parties 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.
13The CMC is scheduled to proceed by video as follows:
GoTo Conference Link: https://meet.goto.com/558205565
Access Code: 558-205-565
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
15Parties 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
16Individuals 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.
17No further notice will be given.
18This Member is not seized but may be reached for case management purposes prior to the second CMC.
19The 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.