Jaclyn P. Solomon

The appellant brought a motion for directions regarding appeals of a heritage designation by-law under the Ontario Heritage Act.

The City admitted it failed to serve the requisite Notice of Intention to designate the property on one of the owners and the Ontario Heritage Trust.

The appellant sought to have the appeals allowed, the by-law repealed, and costs awarded prior to a hearing.

The Tribunal found that while the City acted without authority by failing to fulfill the legislative prerequisite of notice, the Tribunal's jurisdiction under the OHA requires a hearing on the merits before it can repeal or amend a heritage by-law.

The motion was dismissed, costs were denied, and the parties were directed to confer on next steps.

The appellants appealed the City of Markham's passing of a heritage designation by-law for their property.

At the second Case Management Conference, the City admitted it failed to serve one of the co-owners with a notice of intent to designate as required by s. 29(3) of the Ontario Heritage Act.

The Tribunal directed the parties to submit written motion materials to determine the appropriate relief arising from the City's non-compliance.

At a Case Management Conference for an appeal against the City of Markham's heritage designation of a property, the parties disagreed on the issues list for the draft Procedural Order.

The appellants included procedural and substantive issues, while the City argued only its listed issues were relevant.

The Tribunal directed the appellants to file a motion to scope the issues and scheduled a hearing for the motion alongside the next Case Management Conference.

The moving parties sought an extension of time to file a motion for leave to appeal a Small Claims Court order that denied their motion to set aside a default judgment and awarded $100 in costs against them.

The moving parties argued the appeal was solely regarding costs under s. 133 of the Courts of Justice Act.

The Divisional Court dismissed the motion, noting that under s. 31 of the Courts of Justice Act and O. Reg. 626/00, no appeal lies from a Small Claims Court order for less than the prescribed amount of $3,500, which also applies to costs orders.