Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 18, 2022
CASE NO(S).: OLT-21-001948
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Objector: David Bergeron, Laura Kormos
Owner: 1956758 Ontario Inc.
Subject: Objection to the Notice of Intention to Designate
Property Address: 546 Ridge Road North (“Ward Winger House”)
Legal Description: PART LOT 23 CONCESSION 2 LAKE ERIE BERTIE, BEING PARTS 2 AND 3, PLAN 59R16907; SUBJECT TO AN EASEMENT OVER PART 3, 59R16907 IN FAVOUR OF PART LOT 23 CONCESSION 2 LAKE ERIE BERTIE, BEING PART 1, 59R16907 AS IN SN682552; TOWN OF FORT ERIE
Municipality: Town of Fort Erie
OLT Case No.: OLT 21-001948
OLT Case Name: Bergeron v. Fort Erie (Town)
Heard: March 16, 2022 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative*
Laura Kormos
In absentia
1956758 Ontario Inc.
David Bergeron
Town of Fort Erie
Callum Shedden*
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”) in respect of an objection by David Bergeron and Laura Kormos to a Notice of Intention to Designate (“NOID”) for the property at 546 Ridge Road North (the “Ward Winger House”) in the Town of Fort Erie, Ontario (the “property”).
Jurisdiction
2This matter began before July 1, 2021 so, in accordance with Ontario Regulation (“O. Reg.”) 385/21, it remains governed by the Ontario Heritage Act as it read on June 30, 2021 which means that the Tribunal, in this matter, only has the jurisdiction of the former Conservation Review Board.
Parties
3The property is subject to a binding agreement of purchase and sale that closes on June 1, 2022. Upon closing, the new purchaser of the property, Santino Bambara, will become a party to these proceedings automatically (“Bambara”). The former owner, 1956758 Ontario Inc., will cease to be a party automatically.
4Laura Kormos and David Bergeron (“Kormos and Bergeron”), the principles of 1956758 Ontario Inc., filed a Notice of Objection in their personal capacities and automatically remain parties to the proceedings until they withdraw their Objection or are removed as a party. On or after June 1, 2022, Kormos and Bergeron may withdraw their Notice of Objection by writing to the Case Coordinator in this matter and indicating that they so withdraw.
5If Kormos and Bergeron fail to withdraw their Notice of Objection after June 1, 2022, they will be required to show cause as to why their Objection should not be dismissed by the Tribunal for want of jurisdiction. If they fail to attend the second CMC in this matter, they may be removed as a party in these proceedings in accordance with the Tribunal’s Rules of Practice and Procedure (“Rules”) without further notice to them.
6If Bambara wishes to have Maria Bambara represent him in these proceedings once he becomes a party, Ms. Bambara will file a Representative of a Party – Commencement of Authority form with the Tribunal provided that she is either a licensed by the Law Society of Ontario (“LSO”) to provide legal services or, if not so licensed, is allowed to act as a representative by an LSO permitted exemption. This form is available from the Tribunal’s website.
Schedule
7The Town of Fort Erie will serve a revised NOID on the parties (including Bambara) on June 2, 2022 and file it with the Tribunal on the same date.
8On or before July 4, 2022, Bambara will:
serve a new Notice of Objection on the parties, outlining his objection to the designation of the property and file it with the Tribunal on the same date. Such Notice shall disclose objections that are within the jurisdiction of the Tribunal in this matter and address the criteria set out in O. Reg. 9/06; or
alternatively, Bambara will write to the Tribunal indicating that he declines to file a Notice of Objection.
9If Bambara declines to file a Notice of Objection and provided that Kormos and Bergeron have withdrawn their Notice of Objection, then the Case Coordinator is directed to close the file.
10A second CMC will be held on Thursday, July 14, 2022 at 9 a.m. by telephone conference call unless the file is closed.
11Individual(s) are directed to call 416-212-8013 or Toll Free 1-866-633-1033 on the assigned date at the correct time. When prompted, enter the code 1846914# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
“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.