Conservation Review Board
Commission des biens culturels
ISSUE DATE:
October 23, 2020
CASE NO(s).:
CRB1828
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Victor W. Cummings, Susanna Cummings
Objectors:
Victor W. Cummings, Susanna Cummings, Borg Group Ltd.
Subject:
Notice of Intention to Designate (Grimshaw’s Bakery)
Property Address:
15199 Yonge St.
Legal Description:
PT LT 4 E/S YONGE ST PL 68, PT LT 8 E/S YONGE ST PL 68, PTS 1, 2 65R3215; T/W, S/T AS IN R255688
Municipality:
Town of Aurora
CRB Case No.:
CRB1828
CRB Case Name:
Cummings v. Aurora (Town)
APPEARANCES:
Parties
Counsel*/Representative
Victor W. Cummings, Susanna Cummings
Submissions not received
Town of Aurora
Signe Leisk*
HEARD:
In writing
ADJUDICATOR(S):
Daniel Nelson, Member
PROCEDURAL ORDER
[1]
Introduction
This is a procedural order of the Conservation Review Board (“Review Board”) in respect to CRB1828, which deals with the property at 15199 Yonge Street, Aurora, owned by Victor W. Cummings and Susanna Cummings (hereinafter “the Cummings”).
2This was one matter in a group of proceedings involving some 17 separate properties in the Town of Aurora, which were heard concurrently (but not consolidated). Each had a separate file number from CRB1827 through to CRB1844. All of these matters, except CRB1828, have been dismissed and administratively closed, pursuant to the Review Board’s Procedural Order of September 30, 2020 (“September 30 Order”) because all extant objections regarding designation were withdrawn.
[3]
Background
The relevant background to CRB1828 is as follows:
The Cummings submitted an objection to the municipality’s Notice of Intention to Designate 15199 Yonge Street, Aurora within the time prescribed by the Ontario Heritage Act but have not otherwise participated in these proceedings.
They were directed to participate in the pre-hearing conference of February 27, 2020 and did not. As a result, they were made “inactive parties” in the Review Board’s procedural order of March 16, 2020. They took no steps thereafter to apply to be made active parties.
4As a result of the lack of communication from the Cummings, the Review Board issued the September 30 Order. In that order, the Cummings were required to respond with their intentions with respect to their objection. They could withdraw their objection, or they could provide written submissions as to why the matter should not be dismissed, given their failure to participate in the proceedings.
5A copy of the September 30 Order was emailed to the Cummings and was also sent to them by mail.
6The September 30 Order required that the Cummings provide the required information within 10 days of the date of issuance of the September 30 Order, which meant that the Cummings needed to respond to the order by October 13, 2020.
7Victor Cummings contacted the Review Board by telephone on October 20, 2020. The Review Board followed up with an email on October 21, 2020 informing him that he must provide the submissions as outlined in the September 30 Order by 4:30 p.m. on Friday, October 23. No further extension would be granted.
8The September 30 Order stated that, in the event of a failure of the Cummings to respond as required within the time specified in the order, the Review Board would dismiss CRB1828 in accordance with Rule 16.01 without further notice or hearing.
9No submissions from the Cummings were received by the extension deadline of 4:30 p.m. on October 23, 2020.
[10]
Disposition
For the reasons set forth above, the Review Board hereby dismisses CRB1828 and the Case Coordinator is directed to close the file forthwith.
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.
“Daniel Nelson”
DANIEL NELSON
MEMBER
If there is an attachment referred to in this document,
please visit www.olt.gov.on.ca to view the attachment in PDF format.
Conservation Review Board
A constituent tribunal of Ontario Land Tribunals
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248