Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 13, 2023
CASE NO(S).:
OLT-21-001272
PROCEEDING COMMENCED UNDER subsection 29(5) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Owners/Objectors:
Allyn Boyes, Lisa Boyes
Subject:
Objection to the Notice of Intention to Designate
Property Address/Description:
9455 Baldwin Street North (“Malcolm McTaggart House”)
Legal Description:
PLAN 111, PT LOT 28, 29, 32, 38; Town of Whitby
Municipality:
Town of Whitby
OLT Case No.:
OLT 21-001272
OLT Case Name:
Boyes v. Whitby (Town)
Heard:
September 22, 2022 by Telephone Conference Call
APPEARANCES:
Parties
Counsel*/Representative
Allyn Boyes and Lisa Boyes
Self-represented
Town of Whitby
Christina Kapelos*
DECISION DELIVERED BY DANIEL NELSON AND PROCEDURAL ORDER OF THE TRIBUNAL
Background
1This is a Procedural Order (“PO”) of the Ontario Land Tribunal (“Tribunal”) arising from a Case Management Conference (“CMC”) in respect of an objection by Allyn Boyes and Lisa Boyes (“Objectors”) to a Notice of Intention to Designate the property at 9455 Baldwin Street North (the “Malcolm McTaggart House”), in the Town of Whitby, Ontario (the “property”).
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.
Organization/Conduct of the Hearing
3The Tribunal will hold the hearing by Microsoft Teams video conference on February 7 and February 8, 2023, 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”).
4The Parties are:
the Town of Whitby; and
Allyn and Lisa Boyes.
5A 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 may be downloaded from the Tribunal’s website.
6If 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.
7The Objectors intend to call zero witnesses and the Municipality intends to call one witness.
Requirements for the Hearing: Witnesses, Document Exchange and Expert Evidence
8At least 14 days prior to the first scheduled hearing date, 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,
An Agreed Statement of Issues; and,
copies of all other documentary and other evidence that the Party will refer to, or tender as evidence, at the hearing.
9The 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. Electronic copies, likewise, should be tabbed electronically.
10Any 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
11The 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
12An expert witness who is providing opinion evidence must execute the Acknowledgement of Expert’s Duty form, available from the Tribunal’s website prior to or at the hearing.
13An 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.
14All expert reports are expected to conform to the Tribunal’s Guidance to Parties on Expert Reports and Other Disclosure Materials as set out in Appendix 2 hereto.
15The 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.
APPENDIX 1
APPENDIX 2