Conservation Review Board / Commission des biens culturels
ISSUE DATE: November 02, 2018
CASE NO.: CRB1813
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner: Southbridge Health Care GP Inc.
Objectors: See Appendix 1 – Objector List
Subject: Notice of Intention to Designate (Port Hope Hospital)
Property Address: 65 Ward Street
Legal Description: Lots 21-31 Smith Estate Plan Port Hope, save and except Lots 21-25
Municipality: Municipality of Port Hope
CRB Case No.: CRB1813
CRB Case Name: Baker v. Port Hope (Municipality)
Heard: October 3, 2018 in Port Hope, Ontario
APPEARANCES:
Parties Counsel/Representative*
Southbridge Health Care GP Inc. Patrick Moore
Municipality of Port Hope Jennifer Savini*
Dan Baker Self-represented
Melinda Brown Self-represented
Ed Dhagwe Self-represented
Julie Dickerson Self-represented
Debbra Gilmour Self-represented
Colleen Haley Self-represented
Kathy Hensgens Self-represented
Joyce Prince Self-represented
Loraine Wamboldt Self-represented
Participants
Anthony T. Jenkins Self-represented
Bruce Bowden Self-represented
Brian McLaughlin Self-represented
ORDER OF THE BOARD DELIVERED BY LAURIE SMITH AND ROBERT V. WRIGHT
BACKGROUND
1This is a procedural order of the Conservation Review Board (“Review Board”) arising from a Pre-hearing Conference (“PHC”) held in person at Port Hope, Ontario, on October 3, 2018, in respect of an objection by Southbridge Health Care GP Inc. (“Owner/Objector”) and 94 other individuals to a Notice of Intention to Designate the property at 65 Ward Street in Port Hope, Ontario (the “property”).
2The Municipality of Port Hope (“Municipality”) and nine of the Objectors (Dan Baker, Melinda Brown, Ed Dhagwe, Julie Dickerson, Debbra Gilmour, Colleen Haley, Kathy Hensgens, Joyce Prince and Lorraine Wamboldt) attended the PHC.
3The Owner/Objector advised the Review Board in advance that it does not intend to “actively participate” in the proceedings. However, Patrick Moore, Director of Communications, Stakeholder and Government Relations for the Owner/Objector, attended the PHC on behalf of the Owner/Objector. The Review Board reminded Mr. Moore to submit a Form 1 to the Review Board if he intends to represent the Owner/Objector in these proceedings.
4The other Objectors were reminded to submit a Form 1 to the Review Board if any of them wish to appoint another person to represent them in these proceedings.
5Anthony Jenkins, who lives across the street from the property, was made a participant to the proceedings and he intends to make a statement at the hearing.
6Bruce Bowden, who represents the Port Hope chapter of the Architectural Conservancy of Ontario, was made a participant to the proceedings and he intends to make a statement at the hearing.
7Brian McLaughlin, who is a resident in Hope Street Terrace on the property, was made a participant to the proceedings and he intends to make a statement at the hearing.
ORDER
Organization/Conduct of the Hearing
8The hearing will take place on February 11, 12 and 13, 2019 starting at 10 a.m. at:
Council Chambers 56 Queen Street Port Hope, Ontario
The hearing will be open to the public and public notice will be published. The hearing will be preceded by a brief site visit that will take place at 65 Ward Street at 9 a.m. on February 11, 2019, with the parties in attendance. No adjournments will be granted before or during the hearing except in accordance with the Review Board’s Rules of Practice and Procedure (“Rules”).
9The Objectors in the proceeding are set out in Appendix 1 to this order.
10A 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. A representative or party shall file, upon request of the Review Board, a Form 1, “Representative of a Party – Commencement of Authorization”, which can be found in Appendix A to the Rules.
11If a party fails to appear at the hearing, the Review Board has the discretion under the Statutory Powers Procedure Act to proceed with the hearing in the absence of that party.
12The issues to be addressed at the hearing are:
whether the property meets at least one of the designation criteria for determining cultural heritage value or interest that are set out in Ontario Regulation 9/06 under the Ontario Heritage Act; and
what are the boundaries of the property for the purposes of the designation and which built assets on the property are included as heritage attributes in the designation?
13The Owner/Objector does not intend to actively participate in the proceeding and will not call any witnesses at the hearing. The other Objectors have indicated that they intend to call three witnesses in total. The Municipality intends to call two or three witnesses. The three participants intend to each make a statement at the hearing.
Witnesses, Document Exchange and Expert Evidence
14By January 15, 2019, 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 Agreed Statement of Facts, where applicable; and
copies of all other documentary and other evidence that a party will refer to, or tender as evidence, at the hearing.
15The 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.
16Any 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
17An expert witness who is providing opinion evidence must execute the Acknowledgement of Expert’s Duty form prior to or at the hearing. The form can be found in Appendix A to the Rules.
18An 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.
Pre-hearing Conference and Pre-hearing Settlement Conference
19The PHC was adjourned to Tuesday, November 20 at 10 a.m. The continuation of the PHC will be by teleconference call (“TCC”). The PHC TCC will be open to the parties, the participants and the public, unless the Review Board directs otherwise.
To attend the TCC, please use the following instructions:
Call (416) 212-8013** or Toll Free 1-866-633-1033. When prompted, enter the code 1846914# and you will be connected to the TCC. If assistance is required at any time, press “0” for the operator. It is the responsibility of the persons participating in the TCC to ensure that they are properly connected to the TCC. **Charges incurred for international calls will be the responsibility of the caller.
20If the parties wish the Review Board to hold a Pre-hearing Settlement Conference (“PHSC”), then they should make a request in writing to the Case Coordinator. The PHSC would involve only parties to the proceeding and would not be open to the public. In order to ensure that the number of parties attending the PHSC is feasible, parties of like interest should consider appointing one of those parties to act as their spokesperson/representative, in which case they would submit a Form 1 to the Review Board’s Case Coordinator appointing a representative party. The authority of the representative may be limited to participation in the PHSC.
21The 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.
“Laurie Smith”
LAURIE SMITH VICE-CHAIR
“Robert V. Wright”
ROBERT V. WRIGHT VICE-CHAIR
Appendix 1 - Objector List
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