1000160668 Ontario Corp. v. Cambridge (City)
ISSUE DATE:
July 12, 2024
CASE NO(S).:
OLT-24-000373
OLT-24-000421
OLT-24-000426
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, as amended
Applicant and Appellant:
1000160668 Ontario Corp.
Subject:
Appeal of refusal
Description:
To demolish the existing building on subject property
Property Address:
44-46 Park Hill Road
Municipality/UT:
City of Cambridge
OLT Case No.:
OLT-24-000373
OLT Lead Case No.:
OLT-24-000373
OLT Case Name:
1000160668 Ontario Corp. v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
1000160668 Ontario Corp.
Subject:
Site Plan
Description:
To permit the development of a three-storey mixed-use building
Reference Number:
SP37/23
Property Address:
44-46 Park Hill Road
Municipality/UT:
City of Cambridge
OLT Case No.:
OLT-24-000421
OLT Lead Case No.:
OLT-24-000421
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O. 18, as amended
Applicant and Appellant:
1000160668 Ontario Corp.
Subject:
Heritage BL 24-016
Description:
To remove heritage designation from subject lands
Reference Number:
By-law 24-016
Property Address:
44-46 Park Hill Road
Municipality/UT:
City of Cambridge
OLT Case No.:
OLT-24-000426
OLT Lead Case No.:
OLT-24-000426
Heard:
July 11, 2024 by Video Hearing
Parties
Counsel
1000160668 Ontario Corp.
Denise Baker
(“Applicant”)
City of Cambridge
Meredith Baker
(“City”)
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIs ON JULY 11, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to develop a site known municipally as 44-46 Park Hill Road East in the City (“Subject Property”) to construct a three-storey mixed-use building. To this end, the Applicant had filed a Site Plan Application (“SPA”), as well as an application for a demolition permit. There is a one-and-one-half storey brick building on the Subject Property. On March 5, 2024, City Council adopted By-law No. 24-016 to designate the Subject Property pursuant to section 29(1) of the Ontario Heritage Act, R.S.O. 1990 c. O.18 (“OHA”).
2The Appeals are brought pursuant to sections 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, (failure to decide the SPA), section 34.1 of the OHA (failure to issue a demolition permit) and section 29(11) of the OHA to remove the heritage designation on the Subject Property.
3On July 11, 2024, the Tribunal held its first Case Management Conference (“CMC”) to organize the Appeal, address status requests and establish next steps in this Proceeding.
4The Tribunal was informed by Counsel for the Parties that a fourth appeal with respect to a minor variance application had been filed in a timely manner but has yet to be processed administratively by the Tribunal (“Fourth Appeal”).
NOTICE
5Notice of the CMC for the present Appeals was sent administratively by the Tribunal on June 11, 2024. No further notice is required.
STATUS REQUEST
6The Tribunal received no requests for Party or Participant status.
OPPORTUNITIES FOR SETTLEMENT
7Counsel for the Parties advised that they are engaged in Tribunal assisted mediation, scheduled for Tuesday, July 23, 2024.
8The Parties are directed to advise the Tribunal, as soon as possible, of any settlement, and are encouraged to narrow the issues.
NEXT STEPS
9Given the Tribunal assisted mediation and the need for the Fourth Appeal to “catch up” to the three present Appeals, Counsel for the Parties submitted that the Tribunal should set a date for a second CMC. Having heard from the Parties, the Tribunal concluded that it would be premature to set dates for a Merit Hearing. Accordingly, the Tribunal directed that a second CMC be set for 10 a.m. on Wednesday, September 25, 2024, by video hearing. At the second CMC, the Parties are expected to update the Tribunal on the status of the proceeding. In particular, the Parties are to provide a complete Procedural Order, including an Issues List if a settlement has not been reached in whole or in part. The Tribunal will also consider whether the Fourth Appeal should be consolidated with or heard together with the three present Appeals. If a settlement is reached, it is open to the Parties to request that the second CMC be converted into a Settlement Hearing.
10Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
11Parties 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.
12Individuals 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 709-076-365.
13Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14THE TRIBUNAL ORDERS its directions in this Decision.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.