Conservation Review Board
Commission des biens culturels
ISSUE DATE:
March 16, 2020
CASE NO(s).:
CRB1827 et al
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
Soscia Investments Inc.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (Imperial Bank)
Property Address:
15195 Yonge St.
Legal Description:
PT LT 8 E/S YONGE ST PL 68, PT LT 9 E/S YONGE ST PL 68 AS IN R485345
Municipality:
Town of Aurora
CRB Case No.:
CRB1827
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
Victor W. Cummings, Susanna Cummings
Objector:
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)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
York Professional Care & Education Inc.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Butcher Building)
Property Address:
15203 Yonge Street
Legal Description:
PT LT 4 E/S YONGE ST PL 68 AS IN R649417; S/T, T/W AS IN R649417
Municipality:
Town of Aurora
CRB Case No.:
CRB1829
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
15210 Yonge Aurora Inc.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Andrews Block)
Property Address:
15210 Yonge Street
Legal Description:
PT LT 13 W/S YONGE ST PL 9 R422075 EXCEPT EASEMENT THEREIN
Municipality:
Town of Aurora
CRB Case No.:
CRB1830
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
Trustees of Lodge No. 148 of the Independent Order of Odd Fellows
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Oddfellows Block)
Property Address:
15216 Yonge Street
Legal Description:
PT LT 13 W/S YONGE ST PL 9 AS IN R271931; EXCEPT EASEMENT THEREIN
Municipality:
Town of Aurora
CRB Case No.:
CRB1831
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
Jolly Good Hospitality Holdings Inc.
Objector:
Rajesh Jolly, Natasha Jolly, Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Clift Block)
Property Address:
15218 Yonge Street
Legal Description:
PT LT 14 W/S YONGE ST PL 9 AS IN R366174; EXCEPT EASEMENTS THEREIN
Municipality:
Town of Aurora
CRB Case No.:
CRB1832
CRB Case Name:
Jolly v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
1087931 Ontario Ltd., Murray Fitzgerald, 2095227 Ontario Inc.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (Sterling Bank)
Property Address:
15221 Yonge Street
Legal Description:
PT LT 1 E/S YONGE ST PL 68 PT 1 65R1833 T/W R282286; S/T AN EASEMENT OVER PT 3 ON 65R-36371 IN FAVOUR OF PT LT 2 E/S YONGE ST. PL 68 (PIN 03651-0035) AS IN YR2474705; T/W AN EASEMENT OVER PT LT 2 E/S YONGE ST PL 68 AS PT 2 PL 65R36371 AS IN YR2474704
Municipality:
Town of Aurora
CRB Case No.:
CRB1833
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
1612959 Ontario Ltd.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Faughner Building)
Property Address:
15222 Yonge Street
Legal Description:
PT LT 14 W/S YONGE ST PL 9 AS IN R100290; S/T & T/W R100290, IF ANY
Municipality:
Town of Aurora
CRB Case No.:
CRB1834
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Carmelo Linardi Group Holdings Ltd.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Faughner Building)
Property Address:
15224 Yonge Street
Legal Description:
PT LT 14 W/S YONGE ST PL 9; PT LT 15 W/S YONGE ST PL 9 AS IN R600337
Municipality:
Town of Aurora
CRB Case No.:
CRB1835
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Carmelo Linardi Group Holdings Ltd.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Faughner Building)
Property Address:
15226 Yonge Street
Legal Description:
PT LT 15 W/S YONGE ST PL 9 AS IN R393704
Municipality:
Town of Aurora
CRB Case No.:
CRB1836
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Iraj Keshavarz Mashhouri
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (Winter’s Bakery)
Property Address:
15225 Yonge Street
Legal Description:
PT LT 1 E/S YONGE ST PL 68 PT 1 65R6220
Municipality:
Town of Aurora
CRB Case No.:
CRB1837
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Soben Properties Inc.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Willis Building)
Property Address:
15229 Yonge Street
Legal Description:
LT 143 PL 246; PT LT 1 E/S YONGE ST PL 68 PTS 1 & 3, 65R135
Municipality:
Town of Aurora
CRB Case No.:
CRB1838
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
15233 Yonge Aurora Inc.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (Medical Hall)
Property Address:
15233 Yonge Street
Legal Description:
LT 141 PL 246 T/W R530937
Municipality:
Town of Aurora
CRB Case No.:
CRB1839
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Soben Properties Inc.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Ashton Building)
Property Address:
15240 Yonge Street
Legal Description:
PT LT 16 W/S YONGE ST PL 9 AS IN R166329 (FIRSTLY); EXCEPT EASEMENT THEREIN; S/T AN EASEMENT IN GROSS OVER PT 2 PL 65R35487 AS IN YR2262931
Municipality:
Town of Aurora
CRB Case No.:
CRB1840
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Arnold Lane Corp.
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Lloyd Building)
Property Address:
15242 Yonge Street
Legal Description:
PT LT 16 W/S YONGE ST PL 9 AS IN B33331B; EXCEPT EASEMENT THEREIN; S/T AN EASEMENT IN GROSS OVER PT 1 PL 65R35487 AS IN YR2262932
Municipality:
Town of Aurora
CRB Case No.:
CRB1841
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
George M. Condoyannis
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (Mulock Block)
Property Address:
15243A Yonge Street
Legal Description:
LT 139 PL 246; LT 140 PL 246 T/W R229757; S/T INTEREST IF ANY IN A66989A
Municipality:
Town of Aurora
CRB Case No.:
CRB1842
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
George M. Condoyannis
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (Whimster’s Store)
Property Address:
15243B Yonge Street
Legal Description:
LT 139 PL 246; LT 140 PL 246 T/W R229757; S/T INTEREST IF ANY IN A66989A
Municipality:
Town of Aurora
CRB Case No.:
CRB1843
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owners:
Pamela McPherson, Thomas McPherson
Objector:
Borg Group Ltd.
Subject:
Notice of Intention to Designate (The Clift Block”)
Property Address:
15219 & 15220 Yonge Street
Legal Description:
PT LT 14 W/S YONGE ST PL 9 AS IN R150121; S/T INTEREST IN R150121
Municipality:
Town of Aurora
CRB Case No.:
CRB1844
CRB Case Name:
Borg Group Ltd. v. Aurora (Town)
APPEARANCES:
Parties
Counsel/Representative*
Borg Group Ltd.
Joel Farber
George Condoyannis
Russell Cheeseman
Carmelo Linardi Group Holdings Inc.
Carmelo Linardi*
Town of Aurora
Signe Leisk
Heard:
February 27, 2020 by telephone conference call
Adjudicator:
Daniel Nelson, Member
PROCEDURAL ORDER
Background
Background
1This is a procedural order of the Conservation Review Board (“Review Board”) arising from a pre-hearing conference (“PHC”) on February 27, 2020 in respect of certain objections to Notices of Intention to Designate the properties set out in Table 1 hereto.
Concurrent Hearings
Concurrent Hearings
2Given the overlapping objectors in these proceedings, the Review Board orders all PHCs and hearings related to the proceedings set out in Table 1 hereto be held concurrently unless otherwise ordered.
Parties and Status
a) CRB1832
Parties and Status
3Rajesh and Natasha Jolly, as owners, have withdrawn their objection in CRB1832. Borg Group Ltd maintains its objection to the designation as a non-owner.
b) CRB1835 & CRB1836
4Carmelo Linardi Group Holdings Inc., as owner, decided not to object to the designation of its properties. There was no objection to such grant of status on the part of the parties at the PHC. Carmelo Linardi Group Holdings Inc. is hereby added as a participant in CRB1835 and CRB1836. Carmelo Linardi has provided a Form 1 to the Review Board to act as its representative.
Remaining Files
Remaining Files
5On February 14, 2020, the Review Board provided notice all parties that they must attend the PHC. Section 7(1) of the Statutory Powers Procedures Act (“SPPA”) provides as follows:
Where notice of an oral hearing has been given to a party to a proceeding in accordance with this Act and the party does not attend at the hearing, the tribunal may proceed in the absence of the party and the party is not entitled to any further notice in the proceeding.
Proper notice of the PHC was provided by the Review Board to every party and participant. The following owners (hereinafter “Inactive Party”) failed to appear at the PHC and, pursuant to the SPPA, are no longer entitled to further notice in the proceedings:
CRB1827: Soscia Investments Inc.;
CRB1828: Victor W. Cummings and Susanna Cummings;
CRB1829: York Professional Care & Education Inc.;
CRB1830: 15210 Yonge Aurora Inc;
CRB1831: Trustees of Lodge No. 148 of the Independent Order of Odd Fellows;
CRB1832: Jolly Good Hospitality Holdings Inc.;
CRB1833: 1087931 Ontario Ltd, 2095227 Ontario Inc., and Murray Fitzgerald;
CRB1834: 1612959 Ontario Ltd.;
CRB1837: Iraj Keshavarz Mashhouri;
CRB1838 & CRB1840: Soben Properties Inc.;
CRB1839: 15233 Yonge Aurora Inc.;
CRB1841: Arnold Lane Corp;
CRB1844: Pamela McPherson and Thomas McPherson.
Inactive Parties
Inactive Parties
6Any Inactive Party may bring a motion to become an active party and thereby become entitled to further notice in the proceedings. Such a motion must be brought in accordance with the Review Board’s Rules of Practice and Procedure.
Active Parties and Participants
Active Parties and Participants
7Subject to such further order or direction of the Review Board, or upon the withdrawal of an objection by a party, the remaining active parties (“Active Parties”) and participants (“Participant”) to these proceedings are as follows:
Municipality: Town of Aurora, party in all files
Owner/Objector: George Condoyannis, party in CRB1842 and CRB1843
Objector: Borg Group Ltd., party in all files
Participant: Carmelo Linardi Group Holdings Inc., participant in CRB1835 and CRB1836
Organization/Conduct of the Hearing
Organization/Conduct of the Hearing
8In preparation for the hearing,
By March 30, 2020 the Active Parties will finalise a disclosure schedule and file it with the Board. The disclosure schedule will set out the dates for disclosure of witness statements, evidence, etc.;
Following receipt of the disclosure schedule, The Review Board’s Case Coordinator is directed to canvas the Active Parties and Participant for dates for a 3-day hearing for these proceedings, including site visits, provided that such hearing dates shall be not less than 14 days from the last date set out in the disclosure schedule;
By April 13, 2020 the Active Parties will circulate to each other a draft Agreed Statement of Facts and a draft Agreed Issues List;
By April 30, 2020, the Active Parties will jointly provide to the Review Board a finalized Agreed Statement of Facts and a finalized Agreed Issues List;
On or after April 30, 2020, the Review Board will issue a further procedural order, based on the above items in this paragraph 8, that will finalise the details for the hearings in these proceedings (“Hearing Order”).
9For greater certainty, the disclosure schedule will include, but is not limited to, dates for the respective disclosure of the following items:
lists of intended witnesses and the order in which they will be called;
lists of intended expert witnesses and the order in which they will be called along with 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;
copies of all other documentary and other evidence that the party will refer to, or tender as evidence, at the hearing.
10On consent, the Active Parties may write to the Case Coordinator and request an amendment to the deadlines set out in paragraph 8, above, provided that the Hearing Order has not been issued by the Review Board.
11On consent, the Active Parties may amend the disclosure schedule, after submission to the Review Board, by filing the revised schedule with the Case Coordinator provided that the Hearing Order has not been issued.
12The Review Board may vary or add to this Order at any time, either on request or as it sees fit.
“Daniel Nelson”
DANIEL NELSON
MEMBER
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please visit www.elto.gov.on.ca to view the attachment in PDF format.
Conservation Review Board
A constituent tribunal of Tribunals Ontario - Environment and Land Division
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248