Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 05, 2024
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: 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: February 28, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
BJL Properties Inc. et al.
Eileen Costello Matthew Helfand (in absentia)
City of Toronto
Daniel Elmadany Mark Crawford (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON FEBRUARY 28, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the second Case Management Conference (“CMC”) for the above noted matters. BJL Properties Inc. et al. (“Applicant”) 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 (“Subject Property”).
2The applications under appeal are to facilitate a proposed development of a 17-storey mixed use building with 373 residential dwelling units. At the time of the ZBA application, none of the lands comprising the Subject Property were designated under Part IV of the OHA.
PARTICIPANT AND PARTY STATUS REQUESTS
3There were no further requests for either Participant or Party status.
UPDATES
4Eileen Costello, Counsel for the applicant, updated the Tribunal with regard to discussions with the City. She advised the OHA appeal is a multi-step process that requires Council involvement. She understands there have been previous adjournments on this matter, however, a third CMC would enable both Parties to continue discussions to advance a potential settlement.
5Daniel Elmadany, Counsel for the City, concurred that discussions are ongoing for both appeals, and a City Council meeting on Friday, May 24, 2024, would provide direction on this matter.
6Therefore, the Tribunal set a next CMC date for Monday, June, 17, 2024.
MEDIATION
7Parties were advised of Tribunal-led mediation. The Tribunal advised the Parties to contact the Case Coordinator who would assist and provide information on the process of requesting Tribunal-led mediation, if so desired.
DISPOSITION
8The 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 third CMC.
CMC
9A third CMC is scheduled to commence on Monday, June 17, 2024, by Video Hearing at 10 a.m.
10Parties 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.
11The CMC is scheduled to proceed by Video as follows:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
12Persons 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.
13Parties 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
14Individuals 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.
15No further notice will be given.
16This Member is not seized but may be reached for case management purposes prior to the third CMC.
17The Tribunal so Orders.
“Eric S. Crowe”
Eric S. Crowe
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.