CONRB 2020

The objectors opposed the City of Niagara Falls' Notice of Intention to Repeal a designating by-law under the Ontario Heritage Act.

Following a ruling on a jurisdictional motion, a pre-hearing conference was held where the parties agreed to resume the hearing in writing.

The Conservation Review Board issued a procedural order setting out the schedule for written submissions.

The City of Niagara Falls issued a Notice of Intention to Repeal the heritage designation of a municipally-owned property.

Objectors referred the matter to the Conservation Review Board.

During the hearing, the City brought a motion seeking to introduce non-heritage evidence (e.g., logistical concerns, restoration costs) to justify the repeal.

The Review Board dismissed the motion, holding that its jurisdiction in both designation and repeal matters is strictly limited to an independent evaluation of the property's cultural heritage value or interest under O. Reg. 9/06, and it does not review the broader policy decisions of the municipality.

The Conservation Review Board issued a procedural order rescheduling a hearing regarding the proposed repeal of a heritage designation by-law for a property in Niagara Falls.

Due to the provincial emergency, the hearing was rescheduled to be held by video conference.

The Board also directed the parties to provide joint photographs in lieu of a site visit and set deadlines for document exchange.

The Conservation Review Board held a settlement conference regarding objections by the property owners to Notices of Intention to Designate four properties issued by the Town of Niagara-on-the-Lake under the Ontario Heritage Act.

The SORE Association also appeared as a party.

The Board issued a procedural order directing the resumption of the settlement conference on March 19, 2020.

The Conservation Review Board issued a procedural order setting the schedule and procedures for a hearing regarding objections to Notices of Intention to Designate multiple properties in the Town of Aurora under the Ontario Heritage Act.

The order established dates for a site visit, exchange of witness lists, expert meetings, and document disclosure.

The Board also noted that the hearing format could be altered due to the ongoing provincial emergency.

The objectors opposed the City of Niagara Falls' Notice of Intention to Repeal Designating By-law No. 2010-90 for a property.

At the hearing, the City raised a jurisdictional issue regarding the type of evidence the Conservation Review Board may hear.

The Board adjourned the hearing and issued a procedural order directing that the jurisdictional issue be considered by way of a motion in writing, setting out the schedule for the parties to serve and file their written materials.

The Conservation Review Board held a pre-hearing telephone conference to reschedule settlement conferences regarding Notices of Intention to Designate for several properties in Niagara-on-the-Lake.

The rescheduling was necessitated by the creation of the Ontario Lands Tribunal effective July 1, 2020, and the presiding member's departure from the Board.

The parties agreed to hold a combined settlement conference for both internal and external property issues on July 29 and 30, 2020.

The Conservation Review Board issued a procedural order regarding multiple objections to Notices of Intention to Designate various properties under the Ontario Heritage Act.

Several objectors withdrew their objections, leading the Board to close those files.

The remaining objectors, who had failed to participate in previous proceedings, were ordered to either withdraw their objection or provide written submissions explaining why their matter should not be dismissed.

The scheduled hearing was canceled.

The Conservation Review Board issued a procedural order following pre-hearing conferences regarding an objection to a Notice of Intention to Designate the property at 64 Wellesley Street East in Toronto.

The order sets out the conduct of the hearing, document exchange deadlines, and directions for providing photographs in lieu of a site visit due to the provincial emergency.

The Conservation Review Board issued a procedural order regarding objections to Notices of Intention to Designate multiple properties in the Town of Aurora under the Ontario Heritage Act.

Due to the provincial emergency, the hearing was scheduled to proceed by video conference.

The previously scheduled site visit was cancelled, and the parties were directed to jointly provide photographs of the properties in lieu of a site visit.

Procedural order arising from a pre-hearing conference regarding objections to Notices of Intention to Designate multiple properties under the Ontario Heritage Act.

The Conservation Review Board consolidated the hearings, granted party and participant status, noted the failure of several property owners to attend, and set a schedule for disclosure and the finalization of an Agreed Statement of Facts and Issues List.

The owners of the subject properties appealed the Notices of Intention to Designate issued by the Town of Niagara-on-the-Lake under the Ontario Heritage Act.

A pre-hearing telephone conference was held to establish a schedule for moving the matter forward.

The Conservation Review Board ordered the scheduling of two pre-hearing settlement conferences to address internal and external property issues, and set a six-day hearing schedule with strict time limits for the examination in chief of expert witnesses.

The objectors filed an objection to the municipality's Notice of Intention to Designate their property under the Ontario Heritage Act but subsequently failed to participate in the proceedings.

After failing to attend a pre-hearing conference and failing to respond to a procedural order requiring written submissions on why the matter should not be dismissed, the Conservation Review Board dismissed the objection.

A pre-hearing conference was held regarding multiple objections to Notices of Intention to Designate several properties under the Ontario Heritage Act.

Several property owners failed to attend the conference despite receiving proper notice.

Pursuant to section 7(1) of the Statutory Powers Procedure Act, the Conservation Review Board ordered that it would proceed in their absence and that they are no longer entitled to further notice.

The Board also established a procedural schedule for the remaining active parties to finalize disclosure, an Agreed Statement of Facts, and an Agreed Issues List ahead of a 3-day hearing.

The Conservation Review Board issued a procedural order following a pre-hearing conference regarding objections to the City of Niagara Falls' Notice of Intention to Repeal Designating By-law No. 2010-90 for the property at 7565 Lundy's Lane.

The order sets the hearing dates for May 21 and 22, 2020, identifies the parties, outlines the issues for the hearing, and establishes deadlines for the exchange of witness lists, expert reports, and documentary evidence.