Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 06, 2023
CASE NO(S).: OLT-23-000278
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Jarvis & Earl Inc and Jarvis & Earl 2 Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 58-storey residential building with a 4- to 9- storey podium base and at grade retail
Reference Number: 22 185925 STE 13 OZ
Property Address: 561 Jarvis Street, 102-120 Earl Place and 6-8 Huntley Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000278
OLT Lead Case No: OLT-23-000278
OLT Case Name: Jarvis Earl Inc. and Jarvis Earl 2 Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Jarvis & Earl Inc and Jarvis & Earl 2 Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a 58-storey residential building with a 4- to 9- storey podium base and at grade retail
Reference Number: 22 185925 STE 13 OZ
Property Address: 561 Jarvis Street, 102-120 Earl Place and 6-8 Huntley Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000279
OLT Lead Case No: OLT-23-000278
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant: Jarvis & Earl Inc and Jarvis & Earl 2 Inc.
Subject: City of Toronto Site Plan Approval
Description: To permit a 58-storey residential building with a 4- to 9- storey podium base and at grade retail
Reference Number: 22 185924 STE 13 SA
Property Address: 561 Jarvis Street, 102-120 Earl Place and 6-8 Huntley Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000280
OLT Lead Case No: OLT-23-000278
Heard: July 12, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Jarvis & Earl Inc and Jarvis & Earl 2 Inc. Glen-Huntley Holdings Limited and APS Holdings Limited
Jason Park and Olivia Rasekhi (in absentia) David Bronskill
City of Toronto (“City”)
Matthew Longo and Ray Kallio (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JULY 12, 2023 AND ORDER OF THE TRIBUNAL
1This is the first case management conference (“CMC”) regarding three appeals made by Jarvis & Earl Inc and Jarvis & Earl 2 Inc. (Applicant/Appellant). These appeals relate to Applicant/Appellant properties known municipally as 561 Jarvis Street, 102-120 Earl Place and 6-8 Huntley Street in the City of Toronto (Subject Site)
2The Affidavit of Service for the Notice of this first CMC sworn by Frederic N. Cheng sworn on June 21, 2023 was determined by the Tribunal to have been duly processed and marked as Exhibit 1 for the record.
Parties and Participants
3The Tribunal reviewed the requests for granting of Party Status made. Based on a review of the submitted written requests, clarifications provided at the CMC and on consent of the statutory Parties, the following were granted Party Status:
- Glen-Huntley Holdings Limited and APS Holdings Limited
4There were multiple requests submitted requesting Participant Status. Based on these requests, the review and clarifications received from those present at this required first CMC and on consent of the Parties, the Tribunal granted Participant Status to the following;
- Janet Chant for Casey House
o Ms. Chant was directed and agreed to provide a letter of Authorization to the Tribunal and all the Parties regarding her making Participant submission on behalf of Casey House
Jennifer Bates
Rocky Sharma
UPDATES
5The Tribunal was informed that the city staff would receive instructions around the sitting of City Council around October 11-13, 2023. Based on a review of the issues and areas of evidence, the Parties jointly requested that the Tribunal schedule a second CMC around October 19 to 20, 2023 and a two week hearing in early 2024. The statutory Parties informed the Tribunal that they expect to call up to four expert witnesses at the hearing.
6The Parties reviewed the matter of a final draft Procedural Order(“PO”) for the conduct of the hearing. The Parties agreed and the Tribunal directed the Parties to provide the draft PO with the Issues List for Tribunal’s review and finalization at the second CMC on October 20, 2023.
7Based on the inputs received from the Parties, the Tribunal directs as follows;
- A second CMC is scheduled to proceed by video on Friday, October 20, 2023, at 10.a.m.
a. There will be no further notice and this Member is not seized.
- A hearing for the duration of ten (10) days to be held by video scheduled to commence at 10 a.m. on Monday, March 11, 2024, and continuing to Friday, March 22, 2024.
a. There will be no further notice and this Member is not seized.
8The CMC and hearing are scheduled to proceed by video as follows: Friday, October 20, 2023 at 10.a.m. https://global.gotomeeting.com/join/519389173 Access code: 519-389-173 Audio-only telephone line: Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. Audio-only access code: 519-389-173 Monday, March 11, 2024 to Friday, March 22, 2024 at 10.a.m. https://global.gotomeeting.com/join/638422541 Access code: 638-422-541 Audio-only line: Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. Audio-only access code: 638-422-541
9Parties 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:
10Parties 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
11Persons 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:
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.
13The directions in this decision are so Ordered.
“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.