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Procedural order issued scheduling a hearing for an objection to a heritage designation.
The Tribunal held a Case Management Conference regarding an objection by Nantuck Investments Inc. and Julie Gill to the City of Oshawa's Notice of Intention to Designate the property at 195 Simcoe Street North under the Ontario Heritage Act.
The Tribunal issued a procedural order scheduling a two-day video hearing and setting out requirements for witness lists, document exchange, and expert evidence.
Application for legal nonconforming industrial use declaration dismissed due to 12-year discontinuance of use.
The applicants sought a declaration that a secondary building on their property had legal nonconforming status for industrial use.
The property was zoned residential in 1985, but the previous owner had operated a small engine repair business there, establishing a legal nonconforming use.
After the previous owner's death in 1995, the industrial use ceased for nearly 12 years, with the building used only for storage until the applicants purchased it in 2007 and began operating a crane business.
The court dismissed the application, finding that the legal nonconforming use had been discontinued and lost long before the applicants purchased the property.
