Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 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
Appellant: 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: June 26, 2024 by Teleconference Call
APPEARANCES:
Parties
Counsel/Representative*
Michael and Gita Sobhi
Self-Represented
City of Burlington
Brittany Maione*
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON June 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) held on an appeal brought pursuant to s.29(11) of the Ontario Heritage Act by Michael and Gita Sobhi (“Appellants”) on the passing of Heritage By-law No. 32-2023 (“HBL”) by the City of Burlington (“City”) on the property known municipally as 488 Locust Street (“Subject Property”).
2At the first CMC on January 31, 2024, the matter was adjourned to a CMC scheduled for April 29, 2024, in order to provide the Parties and their planners with sufficient time for meaningful discussion and dialogue, with a view to possible resolution or at least finalizing an issues list.
3At this CMC, the Parties provided a status update. The CMC was scheduled on April 29, 2024, postponed to this date due to the Appellants’ counsel no longer acting for them. At the time, the Appellants were considering retaining new counsel however the Appellants have now informed the Tribunal that they intend to proceed self-represented without legal counsel.
4The Parties stated that the Appellants were attempting to bring a motion to have the Appeal granted without a hearing, akin to a summary judgment motion. The Tribunal member questioned the Appellants as to the basis of the motion. After some brief discussion, it appeared that the type of evidence that the Appellants would bring at their motion was similar to what would be brought at their appeal hearing. Although the issue of proceeding with the motion was not resolved, the Parties agreed that it would be best to set dates for hearing the Appeal.
5The Parties all expressed an interest in resolving the Appeal through Tribunal-assisted mediation. The Parties were instructed to apply for Tribunal-assisted mediation through the OLT case coordinator.
6In the event that mediation was not successful, dates for hearing the Appeal would be set. Each Party estimated that would call two witnesses at the hearing. The Parties estimated that a hearing would last two to three days.
7After some discussion, the Tribunal Member directed the Parties to apply for Tribunal assisted mediation, and if approved, schedule a date for mediation sometime in September or October. In the event that mediation is not approved or is unsuccessful in fully resolving the Appeal, a CMC was scheduled on Wednesday, December 4, 2024. The Parties were directed to prepare and file a draft Procedural Order, including the issues list, in advance of the December 4, 2024, CMC, with a view of finalizing the Procedural Order.
8A three-day hearing has been scheduled on March 5, 6 and 7, 2025.
9The hearings are scheduled to proceed by video as follows:
Wednesday, December 04, 2024, at 10 a.m. One Day CMC GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: [Toll-Free]-1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 979-388-733
Wednesday, March 5 to Friday March 7, 2025, at 10 a.m. Three-Day Merit Hearing GoTo Meeting: https://global.gotomeeting.com/join/909787981 Access code: 909-787-981 Audio-only line: [Toll-Free] 1-888-455-1389 or +1 (647) 497-9391 Audio-only access code: 909-787-981
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.
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
12Persons 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.
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 THAT:
In the event that the Appeal is not fully resolved by Thursday, October 31, 2024, the Parties are to prepare and file with the Tribunal a procedural order no later than Wednesday, November 27, 2024.
A Case Management Conference is scheduled for Wednesday, December 4, 2024, at 10 a.m. by video conference;
A merit hearing of the Appeal is scheduled for Wednesday, March 5, 2025 to Friday, March 7, 2025, at 10 a.m. by video conference;
“Warren Morris”
WARREN MORRIS
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.