Conservation Review Board
Commission des biens culturels
ISSUE DATE:
September 30, 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
1This is a fourth 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.
2Objections have been withdrawn for the following proceedings:
From Borg Group Ltd (CRB1827, CRB1829-CRB1841, CRB1844)
From George Condoyannis (CRB1842, CRB1843)
3As a result of these withdrawals, there are no extant objectors remaining in respect to these identified matters and the Case Coordinator is directed to close these files forthwith.
4The only remaining matter is CRB1828, which deals with 15199 Yonge Street, Aurora, owned by Victor W. Cummings and Susanna Cummings (hereinafter “the Cummings”). These owners submitted an objection 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. This Order permitted any inactive party to apply to the Review Board to be made active; the Cummings did not do so.
5In order for the proper management of these proceedings, it is necessary to ascertain the position of the Cummings in respect to CRB1828. Therefore, within 10 days of the issuance of this Procedural Order, the Cummings are hereby ordered to:
Write to the Case Coordinator and indicate they withdraw their objection, in which case, the Case Coordinator will close this file; or
Provide written submissions as to why the matter should not be dismissed given their failure to participate in these proceedings, in which case the Case Coordinator will schedule a Pre-Hearing Conference in this matter forthwith and, once scheduled, the Cummings must attend.
6In the event that the Cummings fail to comply with this Procedural Order within the time alotted, or fail to attend the Pre-Hearing Conference referenced above, should it be scheduled, the Review Board will dismiss the CRB1828 matter, in accordance with Rule 16.01, without further notice or hearing.
7The hearing scheduled for October 5 to 7, 2020 in these matters is hereby canceled.
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
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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