Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 04, 2024
CASE NO(S).: OLT-24-000317
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Appellant: Streetwise Properties Inc.
Description: Designate 509 Parliament Street as a heritage property
Reference Number: By-law 103-2024
Property Address: 509 Parliament Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000317
OLT Lead Case No.: OLT-24-000317
OLT Case Name: Streetwise Properties Inc. v. Toronto (City)
Heard: June 27, 2024, by video hearing
APPEARANCES:
Parties
Counsel
Streetwise Properties Inc.
Naomi Mares
Andrea Skinner (in absentia)
City of Toronto
Matthew Longo
Uttra Gautam
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON AND BITA M. RAJAEE ON JUNE 27, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) relating to an appeal brought pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, from the Council of the City of Toronto’s (“City”) decision to pass Designation By-Law 103-2024 on February 7, 2024, which designated a property as having cultural heritage value or interest. The appeal has been filed by Streetwise Properties Inc. (“Appellant”) regarding the property located at 509 Parliament Street in the City (“Subject Property”).
2The Parties raised no issue with the Tribunal’s notice.
STATUS REQUESTS
3No Party status requests were received by the Tribunal.
4No Participant status requests were received by the Tribunal.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
5The Parties indicated that they were engaging in private discussions with the hope to resolve the issues in dispute. The Parties were directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
DRAFT PROCEDURAL ORDER
6The Parties did not provide a Draft Procedural Order (“PO”) prior to the CMC, stating that they were hopeful that the issues could be resolved through discussions. Additionally, they explained that a separate development application had been submitted by the Appellant for the Subject Property, which was being discussed and looked at by the City concurrently (though no appeal is before the Tribunal as of yet). The Parties jointly requested that a second CMC be scheduled to allow the Parties time to achieve a resolution if possible, or to identify the pertinent issues, especially in light of the separate development application. As such, and as explained below, a second CMC has now been scheduled.
7The Parties were directed to provide a draft PO, or a status update, to the Tribunal’s Case Coordinator by Friday, September 20, 2024. The Appellant’s Counsel undertook to do this.
SECOND CMC
8A second CMC for OLT-24-000317 has been scheduled to take place on Friday, September 27, 2024, at 10 a.m. by video hearing. Parties are asked to log into the CMC at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
9Parties and observers 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted 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 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
12THE TRIBUNAL ORDERS as follows:
a. A second Case Management Conference is scheduled as described above in this Decision.
b. The Procedural Order, or a status update, are to be provided to the Tribunal’s Case Coordinator by Friday, September 20, 2024.
13The Panel is not seized, but may be contacted through the Case Coordinator should procedural issues arise.
“A. Snowdon”
a. snowdOn
member
“Bita M. Rajaee”
BITA M. Rajaee
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.