Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 05, 2022
CASE NO(S).:
OLT-22-002736
PROCEEDING COMMENCED UNDER subsection 42(6) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, as amended
Appellant:
Jianbin Wang
Subject:
Appeal of Refusal of Permit for Construction
Property Address:
480 Cloverdale Road (Rockcliffe Park Heritage Conservation District)
Legal Description:
PART OF LOT E ON PLAN 4M-61; PART OF DEVONSHIRE ROAD, AS CLOSED BY JUDGES ORDER LT30380 BEING DESCRIBED AS PARTS 1 AND 2 ON PLAN 4R-33510; SUBJECT TO AN EASEMENT AS IN LT30380; ROCKCLIFFE PARK
Municipality:
City of Ottawa
OLT Case No.:
OLT-22-002736
OLT Case Name:
Wang v. Ottawa (City)
Heard:
September 23, 2022 by Telephone Conference Call
APPEARANCES:
Parties
Counsel/Representative*
Jianbin Wang
Philip Osterhout
(“Applicant”/“Appellant”)
Crystal McConkey
City of Ottawa
Christine Enta
(“City”)
Michael Kelen
Michele Collum-Hayman*
Kim Ratushny
Katie Black
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON SEPTEMBER 23, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This second Case Management Conference (“CMC”) was convened for the Applicant’s appeal to the City’s refusal under the Ontario Heritage Act (“OHA”) of a permit for the construction of a dwelling at 480 Cloverdale Road (“site”), in the Rockcliffe Park neighbourhood, in the City.
Party Status Request
2There was a request for Party status to be transferred from Michael Kelen (who was away overseas) to the Rockcliffe Park Residents Association (“RPRA”). Without objections from the Parties, the Tribunal granted provisional status to RPRA (an incorporated body) subject to the representative, Michele Collum-Hayman, forwarding a request for Party status and the proof of incorporation to the Case Coordinator.
Draft Procedural Order/CMC
3Philip Osterhout, Counsel for the Applicant, advised the Tribunal that a draft Procedural Order and draft Issues List have been prepared and circulated for comments. Parties are still unable to agree on the Issues List.
4Katie Black, who was just appointed by Kim Ratushny, informed the Tribunal that Ms. Ratushny has named her expert witness, an Architect. However, she requested time to review and scope the Issues List with the other Parties. The Applicant and the City have yet to provide their list of expert witnesses.
5The Tribunal’s view is that it is appropriate to fix another CMC date to allow Parties to deal with the matter of witnesses, the Issues List and for the RPRA to complete its Party status request documentation.
Mediation
6The Tribunal inquired about Mediation to which Parties stated there is no further progress on that front.
DISPOSITION
7The Tribunal will schedule a CMC. Parties will update the Tribunal on the status of the appeal and finalize the Procedural Order at the CMC.
8The Tribunal directs that the Parties submit a Procedural Order with an agreed Issues List to the Case Coordinator, two weeks before the CMC. The Tribunal directs RPRA to forward the status request and related documents to the Case Coordinator.
CASE MANAGEMENT
9A CMC is scheduled to commence on Friday, December 2, 2022, by video hearing at 10 a.m.
10Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections. The hearing details are as follows:
https://global.gotomeeting.com/join/692-665-589
Access code: 692-665-589
11Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line +1 (647) 497-9373 or (Toll Free) 1 (888) 299-1889. The access code is as indicated above.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14The Tribunal Orders that:
a. a Case Management Conference (“CMC”) will commence at 10 a.m. by video hearing on Friday, December 2, 2022;
b. the Parties are to forward a Procedural Order with the agreed Issues List to the Case Coordinator on or before Friday, November 18, 2022.
c. the Parties are to finalize the Procedural Order and the Issues List at the CMC.
d. provisional Party status is granted to the Rockcliffe Park Residents Association (“RPRA”) subject to receipt of documentation directed.
e. confirmation of RPRA full Party status to be decided at the CMC.
15No further notice will be given.
16The Member is not seized.
“T.F. Ng”
T.F. NG
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.