Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 31, 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: December 2, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Greg Eade | Self-Represented |
| Philip Schultz | Self-Represented |
| City of Burlington | Brittany Maione*, Hannah Ruby* |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON DECEMBER 2, 2024 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) for OLT-24-000548 and the third CMC for OLT-24-000592 relating to appeals brought pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, from the City of Burlington’s (“City”) decision to pass Designation By-law Nos. 26-2024 and 11-2024. Philip Schultz and Greg Eade (the “Appellants”) appealed each of the respective decisions separately regarding the properties located 524 Brant Street and 620 Brant Street in the City respectively.
2These files are being heard together but are not consolidated.
STATUS REQUESTS
3The Tribunal did not receive any Party or Participant status requests prior to or during the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
4The Parties indicated that they were interested in private discussions with the hope to resolve the issues in dispute, however, they are waiting for a finalized Issues List (“IL”) prior to discussing settlement options. The Parties were directed to advise the Tribunal, in writing, should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
DRAFT PROCEDURAL ORDER
5The Parties did not provide a Draft Procedural Order (“PO”) prior to the CMC, stating that a draft PO was prepared by the City and sent to the Appellants to scope the IL but had not been finalized. The City agreed to work with the Appellants to scope the issues by drafting the IL with them.
6The Parties were directed to provide a draft PO to the Tribunal’s Case Coordinator by Friday, December 20, 2024. The City’s Counsel undertook to do this.
7On December 24, 2024, the Tribunal received the PO. The PO, attached as Schedule A, has been reviewed and approved by the Tribunal and will govern the pre-hearing procedural requirements and the hearing of the Appeals.
HEARING DATES
8At a prior CMC on October 21, 2024, hearing dates for OLT-24-000548 and OLT-24-000592 were set for May 15 and 16, 2025. However, a scheduling conflict arose and the City requested new dates. On consent of all Parties, the two-day Merit Hearing has been scheduled to begin on Tuesday, May 27, 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 the start of the event to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/558205565
Access Code: 558-205-565
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 GoToMeeting 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 into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 558-205-565.
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 hearing event may be directed to the Tribunal’s Case Coordinator.
ORDER
13THE TRIBUNAL ORDERS THAT:
a. The case management directives set out above are so ordered.
b. A two-day Merit Hearing will take place by video on Tuesday, May 27 and Wednesday, May 28, 2025.
14The Member is not seized.
15No further notice is required.
“A. Snowdon”
a. snowdOn
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.
SCHEDULE A
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)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on May 27, 2025 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is two (2) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before January 15, 2025 and in accordance with paragraph 21 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before February 12, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before February 26, 2025.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before April 11, 2025, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 21 below.
On or before April 21, 2025, the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 21 below.
On or before April 21, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before May 16, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 16, 2025.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 20, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
ATTACHMENT 1
SUMMARY OF KEY DATES
| DATE | EVENT |
|---|---|
| Wednesday, January 15, 2025 | Exchange of Witness Lists |
| Wednesday, February 12, 2025 | Expert Witness Meetings |
| Wednesday, February 26, 2025 | Agreed Statement of Facts |
| Friday, April 11, 2025 | Exchange of Witness Statements |
| Monday, April 21, 2025 | Exchange of Reply Witness Statements (if any) |
| Monday, April 21, 2025 | Notify Tribunal if Reserved Dates are Required |
| Friday, May 16, 2025 | Exchange of visual evidence (if any) |
| Friday, May 16, 2025 | Filing of Joint Document Book |
| Tuesday, May 20, 2025 | Hearing Plan filed with the Tribunal |
| Tuesday, May 27, 2025 | Hearing commences |
ATTACHMENT 2
PARTIES
| Appellant/Party | Counsel | Contact |
|---|---|---|
| Philip Schultz | N/A | 563 Hager Avenue Burlington, ON L7S 1P4 Phone: 289-259-1939 p6schultz@gmail.com |
| Greg Eade | N/A | 620 Brant Street Burlington, ON L7R 2G9 Phone: 905-517-7177 greg@eademortgages.ca |
| City of Burlington | Brittany Maione Hannah Ruby |
Legal Department 426 Brant Street Burlington, ON L7R 3Z6 Phone: 905-335-7600 brittany.maione@burlington.ca hannah.ruby@burlington.ca |
ATTACHMENT 3
ISSUES LISTS
Note: the identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination at the hearing will be a matter of evidence and argument at the hearing.
524 Brant Street
Does the property at 524 Brant Street meet the criteria of Ontario Regulation 9/06 for designation under Part IV of the Ontario Heritage Act?
Has the City of Burlington demonstrated that 524 Brant Street has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method as required by criterion 1 of Ontario Regulation 9/06?
Has the City of Burlington demonstrated that Brant Street has a character and that the property at 524 Brant Street defines, maintains, or supports that character as required by criterion 7 of Ontario Regulation 9/06?
620 Brant Street
Does the property at 620 Brant Street meet the criteria of Ontario Regulation 9/06 for designation under Part IV of the Ontario Heritage Act?
Has the City of Burlington demonstrated that 620 Brant Street has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method as required by criterion 1 of Ontario Regulation 9/06?
Has the City of Burlington demonstrated that Brant Street has a character and that the property at 620 Brant Street defines, maintains, or supports that character as required by criterion 7 of Ontario Regulation 9/06?
ATTACHMENT 4
ORDER OF EVIDENCE
- Philip Schultz
- Greg Eade
- City of Burlington
- Philip Schultz, in reply
- Greg Eade, in reply
ATTACHMENT 5
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.