Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 17, 2025
CASE NO(S).:
OLT-25-000270
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
1153 Queen West Holdings Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
Permit the development of a 27-storey residential/mixed use building with 367 residential units
Reference Number:
24 238364 STE 09 OZ
Property Address:
1149 and 1153 Queen Street W
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-25-000270
OLT Lead Case No:
OLT-25-000270
OLT Case Name:
1153 Queen West Holdings Inc. v. Toronto (City)
Heard:
July 11, 2025 by video hearing
APPEARANCES:
Parties
Counsel
1153 Queen Street West Holdings Inc.
M. Laskin
D. Bronskill (in absentia)
City of Toronto
D. Elmadany
S. Barnett
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JULY 11, 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) relating to an appeal by 1153 Queen Street West Holdings Inc. (“Appellant”) against the failure of the City of Toronto (“City”) to make a decision on an application for a Zoning By-law Amendment (“ZBA”) for the property located at 1149 and 1153 Queen Street West (“Subject Property”). The Appellant proposes to redevelop the Subject Property with a 27-storey mixed use building with approximately 367 residential units (including 10 replacement rental units).
2The Tribunal received an Affidavit of Service dated June 23, 2025, confirming that Notice of this CMC was properly given. No further notice is required.
STATUS REQUESTS
3The Tribunal received four requests for Participant status in advance of the CMC and no other individuals attended at the CMC to request status of any kind. As several concerns raised in the Participant requests overlap to some degree, the Tribunal highlights below the more unique concerns raised in each:
Toronto Standard Condominium Corporation 2210 (“TSCC 2210”), represents residents at 1169 and 1171 Queen Street West, adjacent to the proposed development. Concerns raised include, but are not limited to, the potential for the development to result in overuse of the Privately Owned Publicly Accessible Space at the condominium.
West Side Community Council (“WSCC”) is an incorporated entity representing 13 area neighbourhood associations. Concerns raised include, but are not limited to, impact of proposed development on the heritage conservation district.
Darren Bryan is a nearby resident who raised concerns, including but not limited to, increased traffic impacts arising from the proposed 27 storey building and parking lot.
Queen West Community Post (“QWCP”) is a community organization currently in the process of incorporating. Concerns include, but are not limited to, the proposal’s lack of conformity with height limits in Official Plan Amendment 445 and the Appellant’s reliance upon the King-Liberty SmartTrack GO station (which has been indefinitely deferred with no funding or construction timeline) to justify the proposed development.
4With no objection from the Parties, the Tribunal granted the requests of TSCC2210, WSCC and Darren Bryan. Due to the unincorporated status of QWCP and the Tribunal’s practice of not granting status to unincorporated groups, consideration of this request was deferred to the next hearing. Jordan Ash, a member of QWCP shall be added to the Tribunal’s email distribution list in the interim.
5Several observers were present at the CMC, one of which also indicated a desire to be added to the Tribunal’s email distribution list. He was directed to contact the Case Coordinator named on the Notice for today’s hearing event. Any other individuals seeking to be added to the distribution list are directed to do the same.
NEXT STEPS
6Although a draft Procedural Order (PO) was provided in advance of the CMC, the Parties had not yet agreed on an Issues List (“IL”). Counsel explained that at present, the IL is quite general owing to the lack of a City staff report. They further explained that the next Council meeting is scheduled for October, 2025 and, as such, they requested a second CMC be scheduled for November, 2025 which will allow time for a more detailed IL to come forward.
7The Tribunal scheduled a second CMC, which will be held by video hearing on Monday, November 10, 2025 at 10 a.m. The Tribunal stressed the importance of ensuring that the next hearing event be productive, and directed the Parties to submit a draft PO and detailed IL no later than Monday, November 3, 2025. The Tribunal expects that the Parties will arrive at the November 10, 2025 CMC prepared to set hearing dates.
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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
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: (647) 497-9373 or (Toll-Free): 1-888-299-1889. The access code is 519-389-173.
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.
ORDER
12The case management directives above are so ordered.
13There will be no further notice and the Member is not seized but may be available for case management, should the Tribunal’s calendar permit.
“S. Braun”
S. BRAUN
VIce-Chair
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.