Conservation Review Board
Commission des biens culturels
ISSUE DATE:
May 03, 2017
CASE NO.:
CRB1618
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners/Objectors:
Eva Mueller and James Mueller
Subject:
Notice of Intention to Designate
Property Address:
221 Mary Street
Legal Description:
PLAN H-50020 LOT 76 Ward 2, Port Perry
Municipality:
Township of Scugog (Port Perry)
CRB Case No.:
CRB1618
CRB Case Name:
Mueller v. Scugog (Township)
Heard:
March 22, 2017 by telephone conference call
APPEARANCES:
Parties
Representative
Eva and James Mueller
Eileen Costello
Township of Scugog
Adnan Naeem and Soojin Lee
ORDER OF THE BOARD DELIVERED BY BRUCE KRUSHELNICKI AND DANIEL NELSON
1This is the Procedural Order of the Conservation Review Board (“Review Board”) in respect of an objection by Eva Mueller and James Mueller to a Notice of Intention to Designate the property at 221 Mary Street in Port Perry, Ontario.
Organization/Conduct of the Hearing
2Pursuant to Rule 24 of the Review Board’s Rules of Practice and Procedure (“Rules”) the hearing will take place on Monday, September 25, 2017, at 11 a.m. at the offices of the Township of Scugog (“Township”), 181 Perry Street, Port Perry, and continue on Tuesday, September 26 and Wednesday, September 27, 2017. In the event that the Township offices are not available or not suitable, the second option will be at the offices of Durham Region. Counsel for the Township is directed to confirm the location and advise the parties and the Review Board. The hearing will be open to the public and a public notice will be published by the Township in accordance with Rule 25 and directions provided by the Review Board Case Coordinator. A site visit will take place at the commencement of the hearing at a time to be agreed upon. No adjournments will be granted before or during the hearing except in accordance with the Rules.
3The parties and participants (identified at the Pre-hearing Conference) are:
Eva and James Mueller represented by Ms. Eileen Costello
Township of Scugog represented by Adnan Naeem and Soojin Lee
A party may attend or participate in a proceeding in person, with a representative, or may send a representative to attend in place of the party. If a party fails to appear at the hearing without giving notice to the Review Board and all parties in advance and/or does so without reasonable cause, the Review Board has the discretion under the Statutory Powers Procedure Act to proceed with the hearing in their absence.
4A report prepared for the objecting property owners has been provided to the Township and the Review Board. The Township’s consultant is in the process of preparing a response to this report and will be providing it to the property owners by the end of April 2017. The parties have agreed that following this, they will work jointly to prepare an Issues List and/or an Agreed Statement of Facts. These should be provided to the Review Board and will be provided to the Panel in advance of the hearing. The Board must be notified in advance of the hearing of any changes to this Issues List and/or Agreed Statement of Facts agreed to by the parties.
5At this time, the Owners/Objectors intend to call one witness; and the Township intends to call one witness, but others may be called with the permission of the Review Board.
Requirements for the Hearing
Document Exchange
6By Friday, September 8, 2017, the following items are to be served on every other party and filed with the Review Board:
a list of intended witnesses and the order in which they will be called;
a list of intended expert witnesses and the order in which they will be called. In addition, the name, address and qualifications of each expert, and copies of the expert’s report(s) and all documents to which the expert will refer;
witness statements for all intended witnesses;
an Issues List and/or Agreed Statement of Facts, where applicable; and
copies of all other documentary and other evidence that the party will refer to, or tender as evidence, at the hearing.
The materials are to be exchanged between all parties and two paper copies are to be provided to the Review Board, as well as an electronic copy. Paper copies should be paginated, with tab markers, and colour images, where appropriate.
7Any intended evidence, including documents, not disclosed within the timeframe set out above, may not be used as evidence at the hearing unless the Review Board directs otherwise. Where a witness statement or expert report has not been provided by the required date, the witness may not give evidence at the hearing unless the Review Board directs otherwise.
Expert Witnesses and Evidence
8An expert witness who is providing opinion evidence must execute the Acknowledgement of Expert’s Duty form prior to or at the hearing.
9An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Review Board may refuse to hear the expert’s testimony.
10Expert witnesses who are under summons, but not paid to produce a report, do not have to file an expert witness report; but the party calling them must file a brief outline of the intended evidence of the expert.
11The Review Board may vary or add to this Order at any time, either on request or as it sees fit, and may do so by an oral ruling or in writing.
“Bruce Krushelnicki”
BRUCE KRUSHELNICKI
EXECUTIVE CHAIR
“Daniel Nelson”
DANIEL NELSON
MEMBER
If there is an attachment referred to in this document,
please visit www.elto.gov.on.ca to view the attachment in PDF format.
Conservation Review Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248