Real Estate Law - CONRB

The City of Toronto issued a Notice of Intention to Designate the property at 276 Forest Hill Road under the Ontario Heritage Act.

The property owners objected, arguing the property did not meet the prescribed criteria and the designation was in bad faith.

The Conservation Review Board held a hearing to evaluate the property's cultural heritage value.

The Board found the property is a fine representative example of the Modern Georgian style and reflects the work of the significant architectural partnership of Allward and Gouinlock.

The Board recommended that City Council designate the property.

The Conservation Review Board and Ontario Municipal Board issued a procedural order for concurrent hearings regarding a property in the Town of Bradford West Gwillimbury.

The owners appealed the Town's failure to make a decision on consent applications, appealed a minor variance application, and objected to a notice of intention to designate the property under the Ontario Heritage Act.

The order sets the hearing dates, order of evidence, and disclosure requirements.

The owners of a designated heritage property requested that the Town of Goderich repeal the designating by-law.

The Town Council agreed and issued a notice of intention to repeal.

Two residents objected, and the matter was referred to the Conservation Review Board.

The Board found that the property retained its heritage attributes and that the Town Council erred in failing to consider the heritage designation criteria when deciding to repeal the by-law.

The Board recommended that the designating by-law not be repealed.

The City of Mississauga issued a Notice of Intention to Designate the entirety of a 2.15-acre property, which included a previously designated 19th-century dwelling and newly included natural features such as a watercourse and treed valley lands.

The property owners objected, arguing that the natural features lacked cultural heritage value.

The Conservation Review Board held a hearing and concluded that the property no longer retained sufficient farm-related features to be considered a representative example of a 19th-century farmstead.

The Board recommended that the City not proceed with designating the entire property and instead maintain the existing designation protecting the historic dwelling.

The objectors challenged the City of Hamilton's Notice of Intention to Designate the property at 1 St. James Place under the Ontario Heritage Act.

They alleged procedural irregularities in the issuance of the notice and argued the property lacked cultural heritage value.

The Conservation Review Board found no procedural breaches, ruling that internal municipal procedures were outside its jurisdiction and that statutory notice requirements were met.

On the merits, the Board found the property met the criteria for design, historical, and contextual value under O. Reg. 9/06, as a rare example of 1930s experimental composite construction and its association with the Pigott Construction Company.

The Board recommended the property be designated with a revised Statement of Cultural Heritage Value.