Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-23-001017
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen-Huntley Holdings Limited and APS Holdings Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 45-storey building including 335 residential units
Reference Number: 21 235167 STE 13 OZ
Property Address: 10 Huntley Street
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-0001017
OLT Lead Case No.: OLT-23-0001017
OLT Case Name: Glen-Huntley Holdings Limited and APS Holdings Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen-Huntley Holdings Limited and APS Holdings Limited
Subject: Zoning By-law Amendment
Description: To permit a 45-storey building including 335 residential units
Reference Number: 21 235167 STE 13 OZ
Property Address: 10 Huntley Street
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-0001018
OLT Lead Case No.: OLT-23-0001017
OLT Case Name: Glen-Huntley Holdings Limited and APS Holdings Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: Glen-Huntley Holdings Limited and APS Holdings Limited
Subject: Site Plan
Description: To permit a 45-storey building including 335 residential units
Reference Number: 22 192523 STE 13 SA
Property Address: 10 Huntley Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001019
OLT Lead Case No.: OLT-23-001017
Heard: February 14, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Glen Huntley Holdings Limited and APS Holdings Limited
J. Hoffman D. Bronskill (in absentia)
City of Toronto
S. O’Connor U. Gautam
Casey House
K. Dias P. Gross (in absentia)
Participants
Jarvis & Earl Inc. Jarvis & Earl 2. Inc.
S. Kagan J. Park (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON FEBRUARY 14, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) held for the purpose of organizing appeals by Glen Huntley Holdings Limited and APS Holdings Limited (“Appellant”) of the failure of the City of Toronto to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval in relation to the property located at 10 Huntley Street. The Appellant proposes to redevelop the property with a 45 storey residential building containing 335 units.
2The Tribunal received an Affidavit of Service sworn by Mina Siskopoulos dated January 15, 2024, confirming that Notice of this CMC was properly given. No further notice will be required.
3In response to the Notice, the Tribunal received one request for Party Status from Casey House. Casey House owns property at 571 Jarvis Street and 119 Isabella Street, sharing a property line with the location of the proposed development. The Tribunal granted the request with the consent of the Parties, having been satisfied that Casey House has a direct interest in the matter and will assist the Tribunal in making its decision.
4The Tribunal also received one request for Participant Status from Jarvis & Earl Inc. and Jarvis & Earl 2 Inc. The prospective Participant owns property at 561 Jarvis Street, 102-120 Earl Place and 6-8 Huntley Street located directly south of the proposed development. With the consent of the Parties, the Tribunal granted the request.
5The Tribunal was informed that the City was without instructions and as such, the Parties requested that a second CMC be scheduled toward the end of April in order to allow the City to obtain instructions following the next Council meeting. The Tribunal scheduled a second CMC, which will be held by way of video hearing commencing on Tuesday April 30, 2024 at 10 a.m.
6The Tribunal stressed the importance of ensuring that the next hearing event be as productive as possible. To that end, counsel for the Appellant undertook to submit a draft Procedural Order and Issues List no later than Friday, April 26, 2024 for the Tribunal’s review and approval. The Parties are expected to arrive at the next hearing event prepared to discuss all remaining procedural matters in order that a hearing date may be scheduled at that time.
7Despite the early stage of these proceedings and the fact that the City is currently without instructions, the Parties were reminded of the availability of Tribunal-assisted mediation should they wish to avail themselves of that resource in the future.
8Parties 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:
https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
9Parties 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.
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 same as mentioned above.
11Individuals 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 CMC 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.
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
13The case management directives set out above are so ordered.
14There will be no further notice and the Member is not seized, but, if necessary, may be available for further case management subject to the Tribunal’s calendar.
“S. Braun”
S. Braun
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.