Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 22, 2024 CASE NO.: OLT-24-000287

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

Applicant/Appellant: 2575950 Ontario Ltd. Subject: Heritage Designation By-law Description: The Subject Lands are intended to be developed as a mixed-use district with a range of built forms. Reference Number: By-law (2024)-20901 Property Address: 2187 Gordon Street Municipality/UT: Guelph/Wellington OLT Case No: OLT-24-000287 OLT Lead Case No: OLT-24-000287 OLT Case Name: 2575950 Ontario Ltd. v. Guelph (City)

PROCEEDING COMMENCED UNDER section 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.

Applicant/Appellant: 2575950 Ontario Ltd. Subject: Demolition Application - Refusal Description: The Subject Lands are intended to be developed as a mixed-use district with a range of built forms. Reference Number: Application 2024-221 and By-law (2024)-20901 Property Address: 2187 Gordon Street Municipality/UT: Guelph/Wellington OLT Case No: OLT-24-000588 OLT Lead Case No: OLT-24-000287 OLT Case Name: 2575950 Ontario Ltd. v. Guelph (City)

BEFORE: STEVEN COOKE, VICE-CHAIR Monday, the 22nd day of July, 2024

THIS MATTER having come before the Tribunal and having been requested to issue a Procedural Order before the first hearing event;

AND THE TRIBUNAL having been advised on July 19, 2024 that the parties have resolved the draft Procedural Order and Issues list on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be issued and the attached Procedural Order shall be in force and effect for the purposes of governing the procedures leading up to and including the hearing, which is scheduled to commence on Tuesday, September 10, 2024 at 10:00 AM for 7 days to proceed by video as follows:

Go To Meeting: https://meet.goto.com/911724677

Access Code: 911-724-677

Audio-only telephone line: Toll Free 1 888 299 1889, or (647) 497-9373

Audio-only access code: 911-724-677

“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.

SCHEDULE “A”

ISSUE DATE: CASE NO(S).: OLT-24-000287; OLT-24-000588

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

Appellant: 2572950 Ontario Ltd. OLT Case Number: OLT-24-000287 Reference Number(s): By-law (2024)-20901 Municipality/Upper Tier: Guelph, Wellington Subject Property Address: 2187 Gordon Street

PROCEEDING COMMENCED UNDER section 34.1 of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended

Appellant: 2572950 Ontario Ltd. OLT Case Number: OLT-24-000588 Municipality/Upper Tier: Guelph, Wellington Subject Property Address: 2187 Gordon Street

DRAFT PROCEDURAL ORDER

1. 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

2. The video hearing will begin on September 10, 2024 at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is seven (7) 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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.

6. The order of evidence shall be as set out in Attachment 3 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.

7. 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.

8. 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

9. 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 July 26, 2024 and in accordance with paragraph 22 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.

10. Expert witnesses in the same field shall have a meeting on or before July 31, 2024 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 August 2, 2024.

11. 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.

12. 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.

13. On or before August 15, 2024 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 22 below.

14. On or before August 15, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before September 4, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before September 4, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. On or before August 30, 2024, the parties shall provide copies of their Reply expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 4, 2024.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 4, 2024 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.

22. 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.

23. 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.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

PARTIES & PARTICIPANTS

1. 2575950 Ontario Ltd. (2187 Gordon Street) TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1 Jennifer Meader Tel: 905.529.3476 Email: jmeader@tmalaw.ca Mark de Jong Tel: 905.529.3476 Email: mdejong@tmalaw.ca

2. The City of Guelph 1 Carden Street Guelph, ON N1H 3A1 Allison Thornton Tel: 519.822.1250 Email: allison.thornton@guelph.ca

ATTACHMENT 2

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue not identified on the Issues List at the hearing without leave of the Tribunal.

Appeal of Designation By-law

1. Does the “Kidd Barn” (“Barn”) located at 2187 Gordon Street (“Subject Property”) meet the prescribed criteria for determining cultural heritage value or interest set out in O.Reg. 9/06 (“Criteria”) under the Ontario Heritage Act, R.S.O. 1990, c. 0.18 (“Ontario Heritage Act”)?

2. Does the “Blair Farmhouse” (“Farmhouse”) located at the Subject Property meet the Criteria under the Ontario Heritage Act?

Appeal of Refusal of Demolition Permit

3. In consideration of the following, is it appropriate to retain the Barn, or any part of it, in situ on the Subject Lands: a. The planned function and vision for the Subject Lands and Gordon Street, as established by the Clair-Maltby Secondary Plan. b. Principles of good urban design. c. The planned finished grade of the Subject Lands, as set out in the Master Environmental Servicing Plan and considering the topographical characteristics of the Subject Lands. d. The costs and engineering practicalities. e. Applicable policies and legislation, including: i. The Ontario Heritage Act ii. Provincial Policy Statement, Section 2.6 iii. Growth Plan for the Greater Golden Horseshoe, Section 4.2.7 iv. City of Guelph Official Plan, Section 4.8 v. Clair-Maltby Secondary Plan, Section 11.3.4 vi. City of Guelph Heritage Permit Application Guide

4. If retention of the Barn in situ is not appropriate, what conservation measures should be taken in respect of the Barn?

5. In consideration of the matters listed in Issue 3 above (a to e), is it appropriate to retain the Farmhouse, or any part of it, in situ on the Subject Lands?

6. If retention of the Farmhouse is not appropriate, what conservation measures should be taken in respect of the Farmhouse?

ATTACHMENT 3

ORDER OF EVIDENCE

1. 2575950 Ontario Ltd. (2187 Gordon Street)
2. The City of Guelph
3. 2575950 Ontario Ltd. (2187 Gordon Street) (Reply)

ATTACHMENT 4

SUMMARY OF PROCEDURAL DATES

EVENT	DATE
List of Witnesses	July 26, 2024
Expert Witness Meeting	July 31, 2024
Agreed Statement of Facts & Remaining Issues	August 2, 2024
Witness and Expert Witness Statements	August 15, 2024
Participant Statements	August 15, 2024
Confirm with the Tribunal is all the reserved hearing dates are required	September 4, 2024
Reply Witness Statements	August 30, 2024
Visual Evidence	September 4, 2024
Hearing Plan	September 4, 2024
Joint Document Book	September 4, 2024
OLT Hearing Commences	September 10, 2024