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Conservation Review Board
Commission des biens culturels
ISSUE DATE:
March 24, 2021
CASE NO.:
CRB 1824
CRB 1825
PROCEEDING COMMENCED UNDER Subsection 29(5) of the [O](https://www.canlii.org/en/on/laws/stat/rso-1990-c-o18/latest/rso-1990-c-o18.html)ntario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
Solmar (Niagara 2) Inc.
Objector:
Two Sisters Resorts Corp.
Subject:
Notice of Intention to Designate
Property Address:
200 John Street East
Legal Description:
Lot 145 RCP 692 Niagara Except Pt 1 to 9, 30R8436
Municipality:
Town of Niagara-on-the-Lake
CRB Case No.
CRB1824
CRB Case Name:
Two Sisters Resorts Corp. v. Niagara-on-the-Lake (Town)
PROCEEDING COMMENCED UNDER Subsection 29(5) of the [O](https://www.canlii.org/en/on/laws/stat/rso-1990-c-o18/latest/rso-1990-c-o18.html)ntario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
Solmar (Niagara 2) Inc.
Objector:
Two Sisters Resorts Corp.
Subject:
Notice of Intention to Designate
Property Address:
588 Charlotte Street
Legal Description:
Lot 156 RCP 692 Niagara; Part Lot 145 RCP 692 Niagara Part 1 to 9, 30R8436; S/T RO718339, S/T RO413742, T/W RO413742 (PT 13, 30R1792 Except Pt 5, 30R8436)
Municipality:
Town of Niagara-on-the-Lake
CRB Case No.
CRB1825
CRB Case Name:
Two Sisters Resorts Corp. v. Niagara-on-the-Lake (Town)
BEFORE:
SUSAN de AVILLAR SCHILLER
Wednesday, the 24<sup>th</sup>
VICE CHAIR
day of March, 2021
PROCEDURAL ORDER
1. The 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.
## Organization/Conduct of the Hearing
2. The Review Board will hold the hearing for these matters by video on July 19, 20, 21 and 22, 2021, commencing at 10 a.m. The video conference platform will be determined at a later date and the Parties will be advised.
The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
3. The Parties and Participant to the hearing are as set out in Attachment 1 and below:
- Two Sisters Resorts Corp. and Solmar (Niagara 2) Inc.;
- SORE Association;
- Town of Niagara-on-the-Lake.
- Niagara-on-the-Lake Conservancy (Participant)
4. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Review Board permits, and a party who asks for changes may have costs awarded against it.
5. The order of evidence shall be as set out in Attachment 3.
6. Direct evidence is limited to 30 minutes for each witness. Cross-examination is limited to a maximum of 2 hours for each witness. Parties of like or similar interest will share a single 2 hours of cross-examination per witness, with the 2 hours divided between these parties as they see fit. Opening statements are limited to a maximum of 10 minutes. If the evidentiary portion of the hearing takes up the entire scheduled time for the hearing, the default will be a written argument. In such circumstances, the Board may set requirements for such written argument.
Photos in Lieu of Site Visit
7. In lieu of a site visit, 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 Attachment 4 hereto.
8. Such 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
9. An expert witness who is providing opinion evidence must execute the Acknowledgement of Expert’s Duty form tailored specifically for evidence at video hearings and found at Attachment 5.
10. An 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. The witness statement is to address specifically the expert’s opinion on the issues for the hearing and the reasons therefor.
11. All expert reports are expected to conform to the Review Board’s Guidance to Parties on Expert Reports and Other Disclosure Matters as set out in Attachment 6 hereto, except as modified by the directions in this Procedural Order.
12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence.
Requirements Before the Hearing
13. The parties shall file a list of witnesses, including a curriculum vitae and area of qualification for each witness by no later than June 3, 2021. Any challenges to qualification area to be filed by no later than June 18, 2021. Any challenges so filed shall state clearly and concisely the reason(s) for the challenge to the proposed qualification of the witness.
14. On or before June 28, 2021, the parties shall provide copies of their expert witness statements to the other parties, the participant and to the Review Board’s case coordinator.
15. On or before June 28, 2021, a participant shall provide copies of their written participant statement to the other parties and the Review Board’s case coordinator.
16. On or before July 5, 2021, the parties shall provide copies of their visual evidence to all of the other parties and the participant.
17. On or before July 5, 2021, the parties may provide to all other parties, the participant and the Review Board’s case coordinator a written response to any written evidence.
18. The parties shall cooperate to prepare a joint document book, which shall be provided to the Review Board by no later than July 5, 2021.
19. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Review Board by July 5, 2021 that the written evidence is not part of their record.
20. The parties shall prepare and file a preliminary hearing plan with the Review Board on or before July 5, 2021 that sets out the order in which each Party’s witnesses will be called.
21. All filing shall be electronic and one hard copy shall be provided to the Review Board. Electronic copies may be filed by email, and with a USB key provided to the Review Board.
22. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness.
This Member is not seized.
So Orders the Conservation Review Board.
“Becky Fong”
BECKY FONG
REGISTRAR
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
minicounsel