Adam J. Kosnick

The City of Oshawa issued a Notice of Intention to Designate (NOID) a property owned by Scouts Canada under the Ontario Heritage Act.

The objector agreed the property had cultural heritage value but objected to the wording of the NOID and the municipality's process.

The City brought a motion to dismiss the objection for lack of jurisdiction.

The Tribunal granted the motion, finding that its jurisdiction under the former Act is limited to determining whether a property has cultural heritage value or interest, and it has no authority to judicially review a municipality's decision-making process or the drafting of a NOID.

The City of Oshawa indicated its intention to bring a motion to dismiss an objection to a Notice of Intention to Designate the property known as Camp Samac for want of jurisdiction.

The Ontario Land Tribunal issued a procedural order establishing a schedule for the motion to be heard in writing.

The Tribunal directed that submissions be restricted solely to the issue of whether it has jurisdiction to hear the matter under the former Ontario Heritage Act.

A dispute arose regarding the passing of accounts of a trustee who had acted under a power of attorney for property.

Siblings of the trustee objected to certain expenditures contained in the accounts for a defined period.

The court determined that the evidentiary record was not sufficiently organized for adjudication and directed the objectors to prepare a detailed document identifying each contested expenditure, the trustee’s explanation, and any accountant’s treatment of the item.

The court ordered the document to be served on the trustee for further comment and directed the parties to obtain a judicial resolution date thereafter.