Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 05, 2024
CASE NO(S).: OLT-24-000548, OLT-24-000592
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Philip Schultz
Subject: Refusal of Application
Description: Objection to Designation By-law
Reference Number: By-law No. 11-2024
Property Address: 524 Brant Street
Municipality/Upper Tier: Burlington/Halton
OLT Case No.: OLT-24-000548
OLT Lead Case No.: OLT-24-000548
OLT Case Name: Schultz v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Greg Eade
Subject: Refusal of Application
Description: Objection to designation By-law
Reference Number: By-Law No. 26-2024
Property Location: 620 Brant Street
Municipality: Burlington/Halton
OLT Case No.: OLT-24-000592
OLT Lead Case No.: OLT-24-000592
OLT Case Name: Eade v. Burlington (City)
Heard: October 21, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| City of Burlington | Brittany Maione*, Hannah Ruby*, and Chloe Richer |
| Philip Schultz | Self-Represented |
| Greg Eade | Self-Represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON OCTOBER 21, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) relates to the City of Burlington’s (the “City”) decisions to designate 524 Brant Street and 620 Brant Street as properties of cultural heritage value or interest. Council for the City passed the Designation By-law Nos. 26-2024 and 11-2024. Philip Schultz and Greg Eade (the “Appellants”) appealed each of the respective decisions separately, and were given appeal File Nos. OLT-24-000548 (“524 Brant”) and OLT-24-000592 (“620 Brant”) respectively.
2This is the second CMC for both 524 Brant and 620 Brant.
3At the first CMC for 620 Brant on August 23, 2024, the City requested that the appeal be heard together with 524 Brant, as well as a third appeal before the OLT, on the basis that all three heritage decisions relied on the same consultant report. Member Morris refused to order the request due to the fact that the other two appeals were not before him and the other Appellants had not explicitly consented to the appeals being heard together. The Tribunal directed the City to contact the other two Appellants with a view to obtaining consent. The matter was adjourned to today’s CMC.
4At the first CMC, for 524 Brant, on October 17, 2024, the matter was adjourned to today’s date so that the matter would be heard with 620 Brant.
5Both prior to and at the CMC, there were no new requests for either Party or Participant status. As such, the sole Parties to this proceeding are the Appellants and the City.
6No draft Procedural Order nor Issues List was filed with the Tribunal in advance of the CMC.
7At this CMC, the City confirmed that it was seeking to have 524 Brant and 620 Brant heard together, however, the City is no longer seeking to have the third appeal heard together. The Appellants both agreed and, thus, consented to the Tribunal ordering 524 Brant and 620 Brant be heard together, as per OLT Rules of Practice and Procedure under Rule 16.3, which provides for evidence produced in one hearing to be treated as evidence in the other. The Parties agreed that scheduling two days of hearing would be more than sufficient. Hearing dates were set for Thursday, May 15 and Friday, May 16, 2025.
8Both Appellants confirmed that they would be self-represented. Mr. Eade indicated that he would likely be his own witness. The Tribunal cautioned Mr. Eade that the other Parties may object to him acting as both advocate and witness, and that he may wish to obtain legal advice on the issue.
9The Tribunal directed counsel for the City to reach out to the Appellants in an effort to negotiate and create a Procedural Order and Issues List prior to the next CMC.
10The Hearings are scheduled to proceed by video as follows:
Monday, December 2, 2024 at 10 a.m. (one-day CMC)
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
Audio-only telephone line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391
Audio-only access code: 442-599-157
Thursday, May 15 to Friday, May 16, 2025 at 10 a.m. (two-day Hearing)
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 979-388-733
11Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.
12Parties 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
13Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line.
14Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
15THE TRIBUNAL ORDERS THAT:
appeal File Nos. OLT-24-000548 (“524 Brant”) and OLT-24-000592 (“620 Brant”) shall be heard together (but not consolidated) as provided by Rule 16.3 of the Ontario Land Tribunal’s Rules of Practice and Procedure;
the Parties shall file a draft Procedural Order, including Issues List, no later than November 25, 2024;
a Case Management Conference will be held on Monday, December 2, 2024 at 10 a.m. by video;
a two-day Hearing will take place by video hearing on Thursday, May 15 and Friday, May 16, 2025.
“Warren Morris”
WARREN MORRIS
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.