Conservation Review Board
Commission des biens culturels
ISSUE DATE:
July 31, 2020
CASE NO.:
CRB1914
PROCEEDING COMMENCED UNDER subsection 31(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Objectors:
Rick Ferron, David Vida
Owner:
The Corporation of the City of Niagara Falls
Subject:
Proposed Repeal of Designation By-law No. 2010-90
Property Address:
7565 Lundy’s Lane (Former Parks, Recreation & Culture Building)
Legal Description:
PT TWP LT 132 Stamford as in ST51544, ST23564, ST22849 & ST21927 Except RO180983 & PT 1, 59R594
Municipality:
City of Niagara Falls
CRB Case No.:
CRB1914
CRB Case Name:
Ferron v. Niagara Falls (City)
APPEARANCES:
Parties
Counsel
Rick Ferron, David Vida
Self-represented
City of Niagara Falls
Tom Halinski
HEARD:
In writing
ADJUDICATOR(S):
Daniel Nelson, Member
PROCEDURAL ORDER
Background
1This is a second procedural order of the Conservation Review Board (“Review Board”) arising from a pre-hearing conference (“PHC”) held on December 4, 2019 in respect of objections by Rick Ferron and David Vida to a Notice of Intention to Repeal Designating By-law No. 2010-90 for the property at 7565 Lundy’s Lane in Niagara Falls, Ontario (the “property”). The property is owned by the City of Niagara Falls (“City”).
Organization/Conduct of the Hearing
2Owing to the current provincial emergency, the hearing which was scheduled for May 21 and 22, 2020 at 10 a.m. in the Council Chambers, Niagara Falls City Hall, 4310 Queen Street, Niagara Falls, Ontario has been rescheduled to August 31 and September 1, 2020. The Review Board, on its own motion, has decided to hold the hearing by video conference call.
3The Review Board will hold the hearing by Microsoft Teams video conference call on August 31, 2020 and September 1, 2020 commencing at 9:30 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”).
4The 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.
5A 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, a Form 1, Representative of a Party – Commencement of Authorization, which can be found in Appendix A to the Rules.
6As a consequence of the rescheduling of the hearing dates, the deadline for the exchange of documents is changed from May 7, 2020 to August 17, 2020.
Photos in Lieu of Site Visit
7The site visit scheduled to take place at 9:30 a.m. on May 21, 2020 with the parties in attendance has been cancelled as 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 Appendix 1 hereto.
8Such 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 and Evidence
9All 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.
Agreed Statement of Facts
10The parties, on or before the date of the hearing, will provide to the Review Board an Agreed Statement of Facts.
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
Appendix 1 – Photos In Lieu of Site Visit Guidance to Parties
Appendix 2 – Schedule 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