Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 11, 2024
CASE NO(S).: OLT-23-000706
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellants: Michael and Gita Sobhi
Subject: Objection to Designation By-law 32-2023
Property Address: 488 Locust Street
Municipality/Upper Tier: City of Burlington/Halton
OLT Case No.: OLT-23-000706
OLT Lead Case No.: OLT-23-000706
OLT Case Name: Sobhi v. Burlington (City)
Heard: December 4, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Michael and Gita Sobhi | Self-represented |
| City of Burlington | Brittany Maione, Hannah Ruby |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON DECEMBER 4, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) regarding an appeal filed pursuant to s. 29(11) of the Ontario Heritage Act by Gita and Michael Sobhi (“Appellant”) against the City of Burlington’s (“City”) passage of By-law 32-2023.
2The Subject Property is municipally known as 488 Locust Street in the City of Burlington.
CMC HEARING
3This CMC was scheduled to provide the Tribunal with an update prior to the commencement of the three-day hearing scheduled for Wednesday, March 5, 2025.
4The Appellant indicated that they have not engaged with legal representation as of yet. A further question was raised on how to summons a planner from the City. The Tribunal indicated that the OLT website as the best source for information. It was also suggested that they contact the Case Coordinator to ensure they fully understand a Summons to Appear.
5The Tribunal noted that the onus is on the Appellant to ensure all materials are filed with the Tribunal well in advance of the hearing date, and that in order not to delay the merit Hearing they should come prepared to the Hearing.
PROCEDURAL ORDER AND ISSUES LIST
6The Tribunal received a draft Procedural Order (“PO”) on November 27, 2024, as a result of unsuccessful mediation.
7The Tribunal has, approved the content of the PO, and has attached it to this Decision as Schedule 1. Any changes to the PO must be approved by the Tribunal.
8For the convenience of both Parties, the hearing is scheduled to proceed by video on Wednesday, March 5, 2025, at 10 a.m.
9Parties 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/909787981
Access code: 909-787-981
10Parties 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 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: +1 (647) 497-9391 or (toll free) 1-888-455-1389. The access code is: 909-787-981.
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.
ORDER
13THE TRIBUNAL ORDERS THAT The Procedural Order, attached as Schedule 1 to this Decision, is in force and effect and will govern the hearing.
14This Member remains available to assist the Parties with the management of this matter, subject to the Tribunal’s calendar.
“D. Chipman”
D. CHIPMAN 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.
SCHEDULE 1