Terry Hill

The Town of Niagara-on-the-Lake issued Notices of Intention to Designate three adjacent properties under the Ontario Heritage Act.

The objector argued that the properties did not constitute a 'nested cultural heritage landscape' (CHL) and that their deep setbacks were not heritage attributes.

The Conservation Review Board found that while the properties could be considered a nested CHL for planning purposes under the Provincial Policy Statement, they could not be designated as such under the Act without improperly creating a de facto heritage conservation district.

However, the Board agreed with the Town that the deep setbacks, historically driven by a now-extinct watercourse and changing cultural norms, were valid heritage attributes that contributed to the properties' cultural heritage value.

The Board recommended designation with the nested CHL concept removed from the attributes.

The applicant fire department applied for an order under s. 33(1) of the Fire Protection and Prevention Act to authorize it to carry out work required by an Inspection Order issued to the respondent, who had accumulated a large amount of combustible materials in her home.

The respondent's son indicated a plan to clear the materials, but progress was delayed by the COVID-19 Emergency Order.

The Fire Safety Commission found that there was a bona fide intention to comply and granted an extension of time, ordering that if the respondent failed to comply within 30 days of the lifting of emergency restrictions or by July 2, 2020, the applicant would be authorized to enter and complete the work at the respondent's expense.

The appellant appealed five review decisions made by the Fire Marshal regarding fire inspection orders for residential buildings housing seasonal offshore workers.

The central issue was whether the buildings should be classified as 'dwelling units' or 'boarding, lodging and rooming houses' under the Fire Code.

The Fire Safety Commission found that the living arrangements, which were contingent on employment and controlled by the employer, met the criteria for boarding, lodging and rooming houses.

The Commission dismissed the appeal and confirmed the orders with amended compliance dates, finding the ordered measures necessary to ensure fire safety.

The applicant alleged discrimination in employment on the basis of disability and record of offences after he was not considered for a bylaw enforcement officer position.

The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.

The Tribunal found that while the applicant's Police Services Act convictions met the definition of a record of offences, he provided no evidence that the respondents knew about his disability or these specific convictions when making their hiring decision.

The application was dismissed as having no reasonable prospect of success.

The applicant requested a last-minute adjournment of the hearing due to health issues, supported by a medical note.

The respondents objected to the request.

The Tribunal granted the adjournment, noting that a medical condition preventing participation constitutes an exceptional circumstance under its Practice Direction.

The applicant was directed to provide updates on his medical status and whether he has retained counsel.

The applicant requested an adjournment of the scheduled hearing due to ongoing complications from a concussion, including memory loss, supported by a doctor's note.

The respondents opposed the request, arguing the memory loss was not significant enough to warrant an adjournment.

The Tribunal granted the adjournment, finding that the applicant's medical condition constituted an exceptional circumstance, and directed the applicant to provide further medical documentation regarding his prognosis and ability to participate in a hearing.

Beneficiaries of an estate brought a motion seeking repayment of a solicitor’s retainer paid from estate funds, denial of compensation to the estate trustee, and costs.

The court found the legal services rendered to the estate trustee were reasonable and declined to order repayment of the retainer.

The request to deny trustee compensation was dismissed as premature because the estate trustee had not yet presented accounts for approval.

However, the court held that the trustee’s delay, lack of transparency, and inaccurate disclosure forced the beneficiaries to bring the application and awarded them costs personally against the trustee.

The appellant, a chicken producer, appealed a decision of the Chicken Farmers of Ontario finding that he had violated marketing regulations by producing and marketing 139,010 kilograms of unreported chicken.

The Board had assessed license fees and levies and cancelled all of his basic production quota.

The Tribunal found clear evidence that the appellant participated in a scheme to shave weights and market unreported chicken.

However, noting this was a first offence, the Tribunal found the penalty too severe and reduced it to a cancellation of 50% of the appellant's basic quota units, while upholding the assessment of $61,391.87 in fees and levies.