Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 10, 2022
CASE NO(S).:
OLT-21-001146
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner/Objector:
Nantuck Investments Inc.
Objector:
Julie Gill
Subject:
Objection to the Notice of Intention to Designate
Property Address:
195 Simcoe Street North (“McLaughlin House”)
Legal Description:
PT LT 3, PLAN H50003; CITY OF OSHAWA
Municipality:
City of Oshawa
OLT Case No.:
OLT 21-001146
OLT Case Name:
Gill v. Oshawa (City)
Heard:
January 25, 2022 by telephone conference call
APPEARANCES:
Parties
Counsel
Nantuck Investments Inc.
Hortense Fraser
Julie Gill
In absentia
City of Oshawa
Melanie Mayhew-Hammond
decision DELIVERED BY DANIEL NELSON AND ORDER OF THE TRIBUNAL
Background
1This is a procedural order of the Ontario Land Tribunal (“Tribunal”) arising from a Case Management Conference (“CMC”) held on January 25, 2022, in respect of an objection by Nantuck Investments Inc. to a Notice of Intention to Designate the property at 195 Simcoe Street North (“McLaughlin House”) in Oshawa, Ontario (the “property”).
Organization/Conduct of the Hearing
2The Tribunal will hold the hearing by Microsoft Teams video conference on August 16 and August 17, 2022, commencing at 9:30 a.m. The hearing will be open to the public and public notice will be published. No adjournments will be granted before or during the hearing except in accordance with the Tribunal’s Rules of Practice and Procedure (“Rules”).
3The parties and participants identified at the CMC are:
City of Oshawa; and
Nantuck Investments Inc.
4A party may attend or participate in a proceeding in person, with a representative, or may send a representative to attend in place of the party. A representative or party shall file, upon request of the Tribunal, a Representative of a Party – Commencement of Authorization Form, which can be found on the Tribunal’s website.
5If a party fails to appear at the hearing without giving notice to the Tribunal and all parties in advance and/or does so without reasonable cause, the Tribunal has the discretion under the Statutory Powers Procedure Act to proceed with the hearing in their absence.
6The Objector intends to call 1-2 witnesses and the Municipality intends to call 1-2 witnesses.
Requirements for the Hearing: Witnesses, Document Exchange and Expert Evidence
7At least 30 days in advance of the first day of the hearing, the following items are to be served on every other party and filed with the Tribunal:
a list of intended witnesses and the order in which they will be called;
a list of intended expert witnesses and the order in which they will be called. In addition, the name, address and qualifications of each expert, and copies of the expert’s report(s) and all documents to which the expert will refer;
witness statements for all intended witnesses;
an Agreed Statement of Facts, where applicable;
an Agreed Statement of Issues, where applicable; and
copies of all other documentary and other evidence that the party will refer to, or tender as evidence, at the hearing.
8The materials are to be exchanged between all parties and an electronic copy is to be provided to the Tribunal. Paper copies should be paginated, with tab markers, and colour images, where appropriate.
9Any intended evidence, including documents, not disclosed within the timeframe set out above, may not be used as evidence at the hearing unless the Tribunal directs otherwise. Where a witness statement or expert report has not been provided by the required date, the witness may not give evidence at the hearing unless the Tribunal directs otherwise.
Photos in Lieu of Site Visit
10The parties are directed to jointly provide photographs of the properties in accordance with the Tribunal’s Photos In Lieu of Site Visit Guidance to parties as set out in Appendix 1 hereto. Such photographs are not evidence but a joint submission of the parties to assist the Tribunal in understanding the context of the site.
Expert Witnesses and Evidence
11An expert witness who is providing opinion evidence must execute the Acknowledgement of Expert’s Duty form prior to or at the hearing.
12An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
13All expert reports are expected to conform to the Tribunal’s Guidance to Parties on Expert Reports & Other Disclosure Materials as set out in Appendix 2 hereto.
14The 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: www.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.