Conservation Review Board
Commission des biens culturels
ISSUE DATE:
August 17, 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
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)
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.
Objectors:
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
Owner:
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
Owner:
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
Owner:
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
Owner:
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
Owner:
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
Owner:
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
Owner:
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
Owner:
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
Owner:
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
Owner:
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:
In writing
ADJUDICATOR(S):
Daniel Nelson, Member
PROCEDURAL ORDER
Background
Background
1This is a third procedural order of the Conservation Review Board (“Review Board”) in respect of certain objections to the Notices of Intention to Designate the properties listed above.
Organization/Conduct of the Hearing
Organization/Conduct of the Hearing
2Owing to the current provincial emergency, the Review Board has determined that the hearing, which was scheduled for October 5 to 7, 2020, will be held by video conference call.
3The Review Board will hold the hearing by Microsoft Teams video conference call on October 5 to 7, 2020 commencing at 9:30 a.m. The hearing will be open to the public and public notice will be published. No adjournments will be granted before or during the hearing except in accordance with the Review Board’s Rules of Practice and Procedure (“Rules”).
4The Active Parties and Participant (as defined in the Review Board’s orders of March 16, 2020 and May 29, 2020) and the witnesses they intend to call (if applicable) to provide evidence at the hearing are directed to dial into the call prior to the start time of the hearing each day in accordance with instructions that will be issued by the Review Board.
Photos in Lieu of Site Visit
Photos in Lieu of Site Visit
5The site visit scheduled to take place at 9:00 a.m. on October 5, 2020 with the parties in attendance is cancelled as it is not practical to have a site visit in this matter. In lieu of this, the Active Parties (and the Participant, if it wishes to participate) are directed to jointly provide photographs of the properties in accordance with the Review Board’s Photos In Lieu of Site Visit Guidance to Parties as set out in Appendix 1 hereto.
6Such photographs are not evidence but a joint submission of the Active Parties (and Participant, if applicable) to assist the Review Board in understanding the context of the site.
Expert Witnesses and Evidence
Expert Witnesses and Evidence
7All expert reports are expected to conform to the Review Board’s Guidance to Parties on Expert Reports & Other Disclosure Matters as set out in Appendix 2 hereto.
8The 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
Appendix 1 – Photos In Lieu of Site Visit Guidance to Parties
Appendix 2 – Guidance to parties on Expert Reports & Other Disclosure Materials
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