Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2024
CASE NO(S).: OLT-22-004639
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BJL Parliament Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 44-storey mixed-use building
Reference Number: 21 235796 STE 13 OZ
Property Address: 130 and 134 Parliament Street and 529 Richmond Street East
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004639
OLT Lead Case No.: OLT-22-004639
OLT Case Name: BJL Parliament Corp. v. Toronto (City)
Heard: May 28, 2024 by Video Hearing
APPEARANCES:
Parties Counsel
BJL Parliament Corp. Patrick Harrington Eileen Costello (in absentia)
City of Toronto Jessica Amey Amanda Hill (in absentia)
1501786 Ontario Limited Joel Farber Matthew Rutledge
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAvoie ON May 28, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the second Case Management Conference (“CMC”) regarding an Appeal brought by BJL Parliament Corp. (“Appellant”) for the failure of the City of Toronto (“City”) to make a decision with respect to its Application for a Zoning By-law Amendment, pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, to permit a 44-storey mixed use building at the property Municipally known as 130 and 134 Parliament Street and 529 Richmond Street East (“Subject Property”).
2Following several adjournments prior to this second CMC, the Tribunal sought a status update from the Parties as to the prospect of a Settlement and whether a Merit Hearing should be scheduled.
3The Appellant advised the Tribunal that, but for one element, the Parties were ready to present a Settlement to the Tribunal for approval. Indeed, 1501786 Ontario Limited, which owns a property located immediately to the west of the Subject Property, anticipates obtaining a Decision on its own applications from the City in July 2024. Once this Decision occurs, the Parties will determine whether a Settlement can be reached. Out of an abundance of caution, the Appellant requests a three-day (3) Merit Hearing to be scheduled in the fall of 2024. The City and 1501786 Ontario Limited have no objections with this request.
SCHEDULING OF THE MERIT HEARING
4The three-day (3) Merit Hearing will commence on Tuesday, September 10, 2024 at 10 a.m., by Video Hearing.
5Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
6Parties 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 at: https://app.gotomeeting.com/home.html
7Persons 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: Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.
8Individuals 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
9The Tribunal orders that the Merit Hearing will commence on Tuesday, September 10, 2024 at 10 a.m. by Video Hearing. Three days have been set aside.
10There will be no further notice.
11This Member is not seized.
“F. Lavoie”
F. LAVOIE
MEMBER
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.