Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 17, 2021
CASE NO(S).: CRB2014
PROCEEDING COMMENCED UNDER subsection 31(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Objectors: Jennifer Amy, Marcia Cannon, Larry Cochran, Mary Daniel, Harold Danilkewich, Conor Desmond, Rachel Epstein, Mary Enid Haines, Diane Haskins, Betty James, Maggie McGlade, Isabelle Schmid, Portland Rideau Historical Society
Owner: Rideau Lakes Township
Subject: Proposed Repeal of Designation By-law No. 734
Property Address: 14 Water Street, Portland (The Albert Gallagher House)
Legal Description: PLAN 27 LOTS 2 TO 6 S W; WATER ST PT LOT 1 S W WATER; ST.
Municipality: Township of Rideau Lakes
CRB Case No: CRB2014
CRB Case Name: Amy v. Rideau Lakes (Township)
Heard: June 9, 2021 by telephone conference call
APPEARANCES:
Parties | Counsel/Representative* Please see Appendix 1
DECISION DELIVERED BY DANIEL NELSON AND PROCEDURAL ORDER OF THE TRIBUNAL
1This is a procedural order of the Conservation Review Board1 ("Review Board") arising from a pre-hearing conference ("PHC") held on June 9, 2021, in respect of an objection by the parties set out in Appendix 1 hereto to a Notice of Intention to Repeal Designation for the property at 14 Water Street (also known as the Albert Gallagher House) in Portland, Ontario (the "property").
2On February 23, 2021, the Review Board provided notice to all parties of the PHC scheduled for March 23, 2021. On May 25, 2021, the Review Board provided notice to all parties of the PHC scheduled for June 9, 2021. Section 7(1) of the Statutory Powers Procedures Act ("SPPA") provides as follows:
Where notice of an oral hearing has been given to a party to a proceeding in accordance with this Act and the party does not attend at the hearing, the tribunal may proceed in the absence of the party and the party is not entitled to any further notice in the proceeding.
3Proper notice of both PHCs were provided by the Review Board to every party. The following objectors (hereinafter "Inactive Party") failed to appear at both PHCs and, pursuant to the SPPA, are no longer entitled to further notice in the proceedings:
a. Larry Cochran
b. Diane Haskins
c. Betty James
4Any Inactive Party may bring a motion to become an active party and thereby become entitled to further notice in the proceedings. Such a motion must be brought in accordance with the Review Board's Rules of Practice and Procedure.
5The Review Board may vary or add to this Order at any time, either on request or as it sees fit.
"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.
APPENDIX 1
Objectors
| Name | Attended PHC #1 | Attended PHC #2 | Status | Representative |
|---|---|---|---|---|
| Mary Daniel | Yes | Yes | Party | N/A |
| Rachel Epstein | No | Yes | Participant | N/A |
| Portland Rideau Historical Society | Yes | Yes | Party | Form 1 - Marcia Cannon |
| Larry Cochran | No | No | Unknown | N/A |
| Diane Haskins | No | No | Unknown | N/A |
| Betty James | No | No | Unknown | N/A |
| Isabelle Schmid | No | Yes | Participant | N/A |
| Mary Enid Haines | Yes | Yes | Participant | N/A |
| Jennifer Amy | Yes | Yes | Participant | N/A |
| Harold Danilkewich | Yes | No | Participant | N/A |
| Maggie McGlade | Yes | Yes | Party | N/A |
| Conor Desmond | No | Yes | Party | N/A |
Footnotes
- Pursuant to the Ontario Land Tribunal Act, S.O. 2021, c. 4, sched. 6, the Conservation Review Board ("CRB") was amalgamated and continued as the Ontario Land Tribunal ("OLT") as of June 1, 2021. Pursuant to the Ontario Heritage Act, R.S.O. 1990, c. O. 18 ("OHA") authority to hold a hearing under the OHA remains with the CRB until July 1, 2021 when certain changes are proclaimed into force that transfers such authority explicitly to the OLT. For convenience, this order, issued before July 1, 2021, continues to refer to the CRB instead of the OLT. This matter, having begun before July 1, 2021 will be subject to the OHA as of June 30, 2021, pursuant to O. Reg. 385/21.