du territoire

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

ISSUE DATE: September 11, 2024

CASE NO(S).: OLT-24-000538 OLT-24-000627

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Queen Street Post Inc.

Subject: Request to amend the Official Plan – Refusal to adopt the requested amendment

Description: To permit the development of 272 residential units

Reference Number: 23 210259 STE 09 OZ

Property Address: 1117 Queen Street West

Municipality: City of Toronto

OLT Case No.: OLT-24-000538

OLT Lead Case No.: OLT-24-000538

OLT Case Name: Queen Street Post Inc. 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: Queen Street Post Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of 272 residential units

Reference Number: 23 210259 STE 09 OZ

Property Address: 1117 Queen Street West

Municipality: City of Toronto

OLT Case No.: OLT-24-000539

OLT Lead Case No.: OLT-24-000538

OLT Case Name: Queen Street Post Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.

Applicant and Appellant: Queen Street Post Inc. vs. Toronto (City)

Subject: Refusal of Heritage Alteration

Description: To permit the alteration of the subject property

Property Address: 1117 Queen Street West

Municipality: City of Toronto

OLT Case No.: OLT-24-000627

OLT Lead Case No.: OLT-24-000627

OLT Case Name: Queen Street Post Inc. vs. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended

Applicant/Appellant: Queen Street Post Inc. vs. Toronto (City)

Subject: Appeal of refusal

Description: To permit the demolition of heritage attributes on the subject property

Property Address: 1117 Queen Street West

Municipality: City of Toronto

OLT Case No.: OLT-24-000628

OLT Lead Case No.: OLT-24-000627

OLT Case Name: Queen Street Post Inc. vs. Toronto (City)

Heard: September 6, 2024 via Video Hearing

APPEARANCES:

Parties	Counsel
Queen Street Post Inc. ("Applicant/Appellant")	Michael Foderick, Daniel Angelucci
City of Toronto ("City")	Daniel Elmadany, Jason Davidson

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) convened for an appeal brought by Queen Street Post Inc. (“Applicant/Appellant”) pursuant to s. 22(7) on applications for an Official Plan Amendment (“OPA”) and s. 34(11) on a Zoning By-law Amendment (“ZBA”) of the Planning Act (“Act”) and an appeal under s. 34.1(1) of the Ontario Heritage Act related to the property municipally addressed as 1117 Queen Street W. (“Subject Property”) located in the City of Toronto.

2The Applicant seeks the following:

3OLT-24-000538 OPA and ZBA: Request to amend the Official Plan and the Zoning By-law – On the Refusal of the City to adopt the requested amendment.

4OLT-24-000627: To permit the alteration of the subject property under s. 34.1(1).

5OLT-24-000628: To permit the demolition of heritage attributes on the subject property.

6The applications seek to develop the Subject Property with 272 residential units.

7This being the first CMC the Tribunal marked the Affidavit of Service of the Notice of CMC dated August 13, 2024, as Exhibit 1 as well as a supplementary Notice of this CMC dated September 4, 2024, as Exhibit 2.

PARTICIPANT STATUS REQUEST

8The Tribunal has received two requests for Participant status from the following:

• West Queen West Community Post (“WQWCP”)
• West Side Community Council (WSCC”)

9The Tribunal confers Participant status to the above-named groups and their comments will form part of the file that will be considered at the merit hearing.

MEDIATION

10The Tribunal advised the Parties that should they wish to avail themselves of Tribunal-led mediation as they work to hone the Issues List, they should contact the Case Coordinator for assistance in arranging mediation.

NEXT STEPS

11A draft Procedural Order and Issues List was submitted on consent. The Tribunal directed the Parties to submit to the Case Coordinator a revised draft Procedural Order on consent based on the hearing date set below on or before Monday September 30, 2024, for the Tribunal’s consideration and approval. Having been advised as to the number of witnesses each Party intends to call, a ten-day hearing was requested. The Tribunal advised the Parties that should a settlement be reached, or should the Issues List be scoped, they are to contact the Case Coordinator to release Tribunal time set aside for the hearing of the merits.

12A 10-day merit hearing will commence on Monday July 7, 2025, at 10 a.m. to be held via video hearing.

13Parties and Participants are asked to log in to 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/344779885

Access Code: 344-779-885

14Parties 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

15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll Free) 1(888) 299-1889 or +1 (647) 497-9373. The access code is same as indicated above.

16Individuals 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 Video Hearing 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.

17The 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 that there were none.

ORDER

18THE TRIBUNAL ORDERS that:

191. the date and particulars of the merit hearing are set out above;

202. the Tribunal confers Participant status to WQWCP and WSCC;

213. this Member is not seized but will continue to manage this file subject to availability; and,

224. this Member remains available through the Case Coordinator should the need arise.

“D. Chipman”

D. CHIPMAN 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.