ISSUE DATE:

November 29, 2024

CASE NO(S).:

OLT-23-000755

PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, as amended

Applicant/Appellant:

Nantuck Investments Inc.

Subject:

Refusal of application to demolish

Reference Number:

12-04-0319

Property Address:

195 Simcoe Street North (Robert McLaughlin House)

Municipality/UT:

City of Oshawa/Durham

OLT Case No.:

OLT-23-000755

OLT Lead Case No.:

OLT-23-000755

OLT Case Name:

Nantuck Investments Inc. v. Oshawa (City)

Heard:

November 25, 2024 by Video Hearing

Parties

Counsel

Nantuck Investments Inc.

Mark Vernon

City of Oshawa

Melanie Mayhew-Hammond

MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON NOVEMBER 25, 2024 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a Case Management Conference (“CMC”) with respect to an Appeal filed by Nantuck Investments Inc. (“Appellant”) pursuant to s. 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, as amended (“OHA”) against the City of Oshawa (“City”) for its refusal of an Application to Demolish (“Application”) the structure located at 195 Simcoe Street North (“Robert McLaughlin House”).

2The Robert McLaughlin House is designated under s. 29, Part IV of the OHA as the structure has cultural heritage value and interest. The Application was filed to facilitate the Appellant’s plans to remove a portion of the dwelling and construct an addition to the rear of the Robert McLaughlin House to accommodate commercial uses and six residential units.

3No requests for Participant or Party Status were received by the Tribunal.

4The Tribunal was advised that an Issues List (“IL”) has not been finalized nor has a Procedural Order (“PO”) been agreed upon. The Parties participated in Mediation negotiations, however, no resolution of the Appeal was found.

5The Appellant requested that a further CMC be scheduled to allow the Parties to finalize a PO and IL prior to scheduling a Hearing of the Merits of the Appeal.

6The City submitted that there have been significant delays in having this Appeal considered noting that the Appeal was filed in August of 2023 and the property has been the subject of other processes at the City dating back to 2021. Ms. Mayhew-Hammond requested that the Tribunal assist in advancing this matter by scheduling a Hearing.

7The Tribunal notes that it is the expectation that the Parties collaborate to provide a draft PO and IL for the Tribunal’s consideration at a CMC. To ensure that a draft PO and IL are available for the next CMC, the Parties are encouraged to initiate discussions as soon as the conclusion of this CMC. The Tribunal noted that as the Parties have previously engaged in Mediation with respect to this matter, the issues surrounding this matter should have been identified during that process.

8The Tribunal scheduled a further CMC to be held on Monday, February 3, 2025, at 10 a.m. by video hearing.

9Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/979388733

Access Code: 979-388-733

10Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: Toll-Free 1(888) 299-1889 or +1 (647) 497-9373. The access code is: 979-388-733.

12Individuals 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.

13The Parties were directed to submit a draft PO and IL to the Tribunal by Wednesday, January 29, 2025.

14There will be no further notice and the Member is not seized, but, if necessary, may be available for further case management subject to the Tribunal’s calendar.

ORDER

15The Case Management Directives set out above are so ordered.

“David Brown”

DAVID BROWN

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.