Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 2021
CASE NO(S).: OLT-21-001150
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Objector: J.A. (Jane Andrea) Clark
Owner: Scouts Canada
Subject: Objection to the Notice of Intention to Designate
Property Address: 1711 Simcoe Street North (“Camp Samac”)
Legal Description: PT N1/2 LT 9 CON 4 EAST WHITBY AS IN CO132693; PT LT 10 CON 4 EAST WHITBY; PT LT 11 CON 4 EAST WHITBY; PT ROAD ALLOWANCE BTN LTS 10 AND 11 CON 4 EAST WHITBY CLOSED BY BYLAW 391 AS IN CO123078, CO114510 EXCEPT PART 2 PLAN 40R29010, PTS 1, 2, 3, 40R16107, PTS 1, 2, 40R16108; S/T D418099, EW16403, EW16438, EW16460, EW22701; CITY OF OSHAWA
Municipality: City of Oshawa
OLT Lead Case No.: OLT-21-001150
OLT Case No.: OLT-21-001150
OLT Case Name: Clark v. Oshawa (City)
Heard: November 24, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
J. A. (Jane Andrea) Clark
Self-represented
Scouts Canada
K. McKenna
City of Oshawa
Adam J. Kosnick*
DECISION DELIVERED BY DANIEL NELSON AND PROCEDURAL ORDER OF THE TRIBUNAL
1This is a procedural order of the Ontario Land Tribunal ("Tribunal") arising from a case management conference ("CMC") held on November 24, 2021, in respect of an objection by Jane Andrea Clark to a Notice of Intention to Designate the property at 1711 Simcoe Street North (Camp Samac), in the City of Oshawa ("City"), Ontario (the "property"). The property is owned by Scouts Canada.
2This matter is governed by the Ontario Heritage Act as it read on June 30, 2021, pursuant to O.Reg. 385/21 ("former OHA"). Thus, the Tribunal has only the jurisdiction of the former Conservation Review Board in respect to this matter.
3At the first CMC, questions were raised by the Tribunal as to whether or not the Tribunal has jurisdiction to hear the objection given that the matter is governed by the former OHA and on a plain reading of the Objector’s objection.
4The City advised the Tribunal on December 1, 2021, that it wished to bring a motion to dismiss the objection for want of jurisdiction.
5The parties to this motion are:
- The City of Oshawa
- Scouts Canada
- Jane Andrea Clark
6The Architectural Conservancy of Ontario ("ACO") is a participant in the motion.
7The City's motion will be heard in writing in accordance with the following procedures:
- The City will serve its written submissions on why the matter should be dismissed on the Objector and file it with the Tribunal by January 10, 2022.
- Scouts Canada, the Objector, and ACO will advise the Tribunal and the City whether they intend to reply to the City's written submissions by January 12, 2022.
- If Scouts Canada and/or the Objector and/or ACO intend to file submissions, their written submissions will be served on the City and filed with the Tribunal by January 21, 2022.
- If the City wishes to provide written submissions in reply, they may do so but such written submissions in reply will be served on Scouts Canada, the Objector, and ACO by January 24, 2022.
8Parties/participants may, if they wish, file submissions jointly.
9Written submissions shall be restricted only to the issue of whether or not the Tribunal, acting under the former OHA, has jurisdiction to hear the matter in relation to the Objector's objection. The Tribunal will not hear evidence as to whether the property has cultural heritage value or interest or not.
10If a party fails to submit submissions by the specified deadlines or otherwise fails to comply with this procedural order without reasonable cause, the Tribunal will proceed on the motion without such party's participation and without further notice to them.
11The Tribunal may vary or add to this Order at any time, either on request or as it sees fit, and may do so by an oral ruling or in writing.
“Daniel Nelson”
DANIEL NELSON
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.