Colony Real Estate Development Ltd. v. Oshawa (City), 2024 CanLII 126563

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 18, 2024

CASE NO.: OLT-24-000342

PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended

Appellant: Colony Real Estate Development Ltd.

Description: Designate 149 Harmony Road South as a heritage property

Reference Number: By-law 27-2024

Property Address: 149 Harmony Road South

Municipality/UT: Oshawa/Durham

OLT Case No.: OLT-24-000342

OLT Lead Case No.: OLT-24-000342

OLT Case Name: Colony Real Estate Development Ltd. v. Oshawa (City)

BEFORE:

A. SAUVE Wednesday, the 11^th MEMBER day of December, 2024

UPON APPEAL having been brought by Colony Real Estate Development Ltd. regarding an Appeal pursuant to subsection 29(11) of the Ontario Heritage Act.

AND THE TRIBUNAL having marked as Exhibit 1 the Affidavit of Service attesting to proper Notice having been given for this Case Management Conference (“CMC”) and proceeded to conduct a CMC on December 11, 2024, held by videoconference;

AND THE TRIBUNAL, having received no requests for Party or Participant status;

AND THE TRIBUNAL having confirmed the Parties’ awareness of Tribunal-led mediation to which the Parties will likely pursue when counsel from the City of Oshawa (“City”) receives instructions from the City Council;

AND THE TRIBUNAL at the CMC having adjourned this matter sine die to allow for the City to add this matter to Council agenda after the Holidays. The specific date when this can happen is unknown, so the Parties asked for this matter to be adjourned without another date being set. The Tribunal agreed as the Parties intend to initiate Tribunal-led mediation. The Parties will contact the Case Coordinator to enquire about Tribunal-led mediation and to set the next hearing date when necessary.

THE TRIBUNAL ORDERS THAT:

1. This matter is adjourned sine die;

2. This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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.