Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 23, 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: June 8, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Brodie Limited | K. Thompson |
| City of Guelph | A. Thornton |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JUNE 8, 2023 AND ORDER OF THE TRIBUNAL
1This second Case Management Conference (“CMC”) was held for the appeal of Brodie Limited under s. 29(11) of the Ontario Heritage Act to the City of Guelph By-law No. (2022)-20689 affecting lands at 895 and 919 York Road, Guelph (“site”).
2The Parties filed a draft Procedural Order (“PO”) with an Issues List (“IL”) prior to this CMC as directed by the Tribunal at the first CMC. The Parties explained that they remain in discussion and anticipate scoping or resolving various issues, for which they requested a third CMC be scheduled later this year.
3The Tribunal agreed and scheduled the third CMC as noted below. Should the Parties wish to proceed to a Hearing on the merits, they are directed to file with the Tribunal by November 7, 2023: a final draft PO with IL; or, if a settlement is reached, a supportive affidavit and proposed By-law.
4The third CMC is scheduled to proceed by video on Tuesday, November 14, 2023 at 10 a.m. No further notice will be given.
5Parties 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/519389173
Access code: 519-389-173
6Parties 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.
7Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 519-389-173.
8Individuals 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.
ORDER
9The Tribunal Orders its directions as set out above.
10This Member is not seized but may be contacted through the Case Coordinator should procedural matters arise.
“S. Tousaw”
S. tousaw
VICE CHAIR
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.