Conservation Review Board
Commission des biens culturels
ISSUE DATE: June 15, 2020
CASE NO.: CRB1906
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner/Objector: WAM Montez C & W Inc.
Subject: Notice of Intention to Designate (Wellesley Apartments)
Property Address: 64 Wellesley Street East
Legal Description: Park Lot 7, Block 2 (part)
Municipality: City of Toronto
CRB Case No.: CRB1906
CRB Case Name: WAM Montez C & W Inc. v. Toronto (City)
APPEARANCES:
Parties Counsel
WAM Montez C & W Inc. David Bronskill
City of Toronto Mark Piel and Daniel Elmadany
HEARD: December 19, 2019 by telephone conference call
ADJUDICATOR(S): Daniel Nelson, Member
PROCEDURAL ORDER
BACKGROUND
1This is a procedural order of the Conservation Review Board ("Review Board") arising from three pre-hearing conferences on August 22, 2019, October 8, 2019, and December 19, 2019 in respect of an objection to Notices of Intention to Designate the lands municipally known as 64 Wellesley Street East, City of Toronto.
Conduct of Hearing
2The Review Board will hold a hearing by Microsoft Teams video conference call on July 8 and 9, 2020 commencing at 10 am. 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”).
3The parties and the witnesses they intend to call 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.
4A party may attend or participate in a proceeding in person by video conference call, 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, Form 1, Representative of a Party – Commencement of Authorization, which can be found in Appendix A to the Rules.
5If a party fails to appear at the hearing without giving notice to the Review Board and all parties in advance and/or does so without reasonable cause, the Review Board has the discretion under the Statutory Powers Procedure Act to proceed with the hearing in their absence.
6The issues list for the hearing is attached hereto as Attachment 1. Except for scoping or removing issues, there will be no changes to this list unless on consent of the parties or the Review Board permits it. A party who asks for changes which are not in the nature of scoping or removing issues from the issues list may have costs awarded against it.
Document Exchange
7In preparation for the hearing:
On or before June 10, 2020 the parties shall file with the Review Board and serve upon each other:
Notice of the name of witness they intend to call at the hearing, their area of expertise if they are intended to provide expert opinion evidence, and the order they will be called;
A brief summary of evidence to be provided by each witness at the hearing; and
an Agreed Statement of Facts.
On or before June 26, 2020 the parties shall file with the Review Board and serve upon each other:
A copy of a Witness Statement for each witness intended to be called and, where the witness to be called will provide expert opinion evidence, a copy of that expert witness' curriculum vitae; and
Copies of each document and all other evidence, including all documentary and visual evidence, that the party will refer to, tender as evidence at the hearing, or rely upon at the hearing.
8On consent, the parties may write to the Case Coordinator and request an amendment to the deadlines set out in paragraph 7, above.
9The 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.
10Any 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.
Photos in Lieu of Site Visit
11Owing to the current provincial emergency, it is not practical to have a site visit in this matter. In lieu of this, the parties are directed to jointly provide photographs of the property in accordance with the Review Board’s Photos In Lieu of Site Visit Guidance to Parties as set out in Schedule 1 hereto.
12Such photographs are not evidence but a joint submission of the parties to assist the Review Board in understanding the context of the site.
Expert Witnesses
13An expert witness who is providing opinion evidence must execute the Acknowledgement of Expert’s Duty form prior to or at the hearing.
14An 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.
15All expert reports are expected to conform to the Review Board’s Guidance to Parties on Expert Reports & Other Disclosure Matters as set out in Schedule 2 hereto.
16The 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
Appendix 1 – Attachment 1: Issues List
Appendix 2 – Schedule 1: Photos In Lieu of Site Visit Guidance to Parties
Appendix 3 – Schedule 2: Guidance to parties on Expert Reports & Other Disclosure Matters
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 Tribunals Ontario - Environment and Land Division
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248