Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 21, 2023
CASE NO(S).: OLT-22-003943
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, as amended
Appellant: Brodie Limited
Subject: Appeal of the passing of By-law (2022)-20689 to designate the heritage property as being of cultural heritage value or interest
Property Address/ Description: 895 & 919 York Road
Reference Number: By- Law (2022)-20689
Municipality: City of Guelph
OLT Lead Case No.: OLT-22-003943
OLT Case No.: OLT-22-003943
Case Name: Brodie Limited v. City (Guelph)
Heard: February 14, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Brodie Limited | Kevin Thompson |
| City of Guelph | Allison Thornton |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON FEBRUARY 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) involving an appeal by Brodie Limited (“Appellant”) brought pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18 (“OHA”) regarding the property located at 895 and 919 York Road, Guelph (“Subject Property”).
2The south-west corner of the Subject Property contains a single detached dwelling (“Dwelling”). The City of Guelph (“City”) issued a Property Standards Order dated July 13, 2021 to the Appellant due to serious roof safety issues. In response, the Appellant applied for a demolition permit which was refused by the City primarily due to the fact that the Subject Property was listed on the City’s Register of Cultural Heritage Properties.
3A Notice of Passing of Designation By-law dated April 28, 2022 was received by the Appellant advising that City Council had passed By-law No. (2022)-20702 designating certain portions of the Subject Property as being of cultural heritage value or interest pursuant to s. 29 of the OHA, including that portion of the Subject Property where the Dwelling is located.
4On February 14, 2023, the Tribunal held the first CMC at which it addressed opportunities for settlement discussions and the setting of a second CMC date.
Requests for Status at the CMC
5Prior to the CMC, the Tribunal was not in receipt of any requests for Party or Participant status. The Tribunal canvassed Mr. Thompson and Ms. Thornton who both confirmed that they were not aware of any requests for status.
Opportunities for Mediation/Settlement
6The Tribunal canvassed the Parties regarding whether the appeal would be appropriate for Tribunal-led mediation. Mr. Thompson advised that Tribunal-led mediation would not be of assistance in this case and noted that the Parties are currently engaged in positive discussions.
7Mr. Thompson advised the Tribunal that the Parties and their Planners have been involved in ongoing discussions. He noted that further time was required and requested a second CMC in 3-4 months.
8Ms. Thornton agreed with Mr. Thompson’s submissions regarding Tribunal-led mediation and settlement discussions.
Second CMC
9The Parties jointly requested that the Tribunal schedule a second CMC to allow for further discussions to take place between the Parties. A second CMC was requested for May, 2023 or June, 2023.
10After considering the submissions of Counsel, the Tribunal was of the view that it would be premature to schedule the hearing of this appeal and agreed that a second CMC was appropriate in this case.
11A second CMC is scheduled for Thursday, June 8, 2023. The Parties are directed to work together to prepare a draft Procedural Order and Issues List which Mr. Thompson will file with the Tribunal on or before Wednesday, May 31, 2023. In the event a settlement has been reached, the second CMC may be converted to a settlement hearing at the request of the Parties.
ORDER
12The Tribunal orders that a second CMC in this matter will be held by video hearing on Thursday, June 8, 2023 commencing at 10 a.m.
13Parties 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:
https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
14Parties 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
15Persons 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) 497-9391 or Toll Free 1-888-455-1389. The access code is 442-599-157.
16Individuals 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
17This Member is not seized, however, will remain available for case management subject to the Tribunal’s calendar.
18No further notice will be given.
“C. Hardy”
c. hardy
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.