Raydav Holdings Inc. v. Markham (City), 2024 CanLII 126573

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 18, 2024

CASE NO(S).: OLT-24-000875

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

Appellant: Raydav Holdings Inc.
Appellant: Michelle Cohen-Solomon
Subject: Objection to designation By-law No. 2024-145
Property Address: 7507 Kennedy Road
Municipality/Upper Tier: Markham/York
OLT Case No.: OLT-24-000875
OLT Lead Case No.: OLT-24-000875
OLT Case Name: Raydav Holdings Inc. v. Markham (City)

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

Heard: December 13, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Michelle Cohen-Solomon	Jaclyn P. Solomon
Raydav Holdings Inc.	E. Bruce Solomon
City of Markham	Maggie Cheung-Madar

MEMORANDUM OF ORAL decision DELIVERED BY T.F. NG on DECEMBER 13, 2024 and order of the tribunal

INTRODUCTION

1This is the first Case Management Conference (“CMC”) for the above-noted matter.

2The Appellants, Michelle Cohen-Solomon and Raydav Holdings Inc., are appealing the City of Markham’s (“City”) designation of the subject property, 7507 Kennedy Road (“John and Elizabeth Smith House”), under Part IV of the Ontario Heritage Act (“OHA”). The appeal is pursuant to s.29(11) of the OHA.

3The Tribunal convened this CMC for this matter.

REQUESTS

4There were no Party or Participant status requests received.

DRAFT PROCEDURAL ORDER

5The Appellants’ counsel informed the Tribunal that they have filed the draft Procedural Order (“PO”) with an Issues List and requested a hearing to be scheduled. Counsel indicated that the listed issues are in dispute. The Appellants’ listed issues comprised procedural and substantive issues, which the Appellants insisted were within their rights to list. City counsel disagreed and stated that the only relevant issues for the OHA appeals were those stated as “the City’s Issues” in the list.

MEDIATION

6The Parties currently have no plans for mediation but remain open to it.

DISPOSITION

7The Tribunal noted that the Appellants had added two additional paragraphs to the draft PO (proposed paragraphs 3 and 4), which the Tribunal directed to be deleted. The proposed paragraph 3, for the matters to be heard together, will be affirmed in the decision, while paragraph 4, that predetermined what amounted to evidence in the matter, was an inappropriate insertion.

8Since the proposed issues for the appeals were in dispute, the Tribunal directed the Appellants to file a Motion to scope the issues for the hearing. The Motion is to be filed in accordance with the Tribunal Rules of Practice and Procedure.

9The Tribunal will schedule a hearing of the Motion, as well as a subsequent CMC, for a status update on the matter, on the same date.

MOTION

10The Motion is scheduled to proceed by video on Thursday, March 13, 2025 at 10 a.m.

11Parties 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/765631861

Access code: 765-631-861

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

13Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling into an audio-only telephone line: +1-647-497-9391 or (toll-free) +1-888-455-1389. The access code is: 765-631-861.

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:

a. The appeals OLT-24-000875 and OLT-24-000876 to be heard together.

b. The Case Management Conference for the appeals is scheduled on Thursday, March 13, 2025.

c. The Notice of Motion is scheduled to be heard on Thursday, March 13, 2025.

16There is no further notice and the Member is not seized.

“T.F. Ng”

T.F. NG
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.