Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 10, 2024
CASE NO(S).: OLT-24-000592
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 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: August 23, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
City of Burlington
Brittany Maione*, Chloe Richer
Greg Eade
Self-Represented
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON August 23, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) relates to the City of Burlington’s (the “City”) decision to designate 620 Brant Street as a property of cultural heritage value or interest. Council for the City passed the Designated By-law No. 26-2024 on April 16, 2024. Greg Eade (the “Appellant”) appealed the decision.
2Both prior to and at the CMC, there were no new requests for either Party or Participant status. As such, the sole Parties to this proceeding are the Appellant and the City.
3No draft Procedural Order nor Issues List was filed with the Tribunal, in advance of the CMC.
4At this CMC, the Appellant confirmed that there had been little, if any, direct communication between the Parties since the appeal was filed. As such, the Appellant had a number of questions for the City.
5The City requested that this matter be heard together with two other matters that are currently under appeal before the Tribunal. Both file nos. OLT-23-000706 and OLT-24-000548 related to similar properties in the vicinity of the subject property that have also been designated by the City. The City explained that the three properties under appeal were all referenced in the same consultant’s report. The City estimated that approximately half of the evidence that the City would be relying on at the hearing would be identical for the three appeals, and thus, it would be more expeditious for the appeals to be heard one after the other. The Appeal for OLT-23-000706 has been set for a three-day hearing in March 2025, and is currently being assessed for the possibility of being referred for Tribunal-assisted mediation. The Appeal for OLT-24-000548 is still with the Tribunal registrar awaiting the scheduling of a CMC.
6The Appellant did not object to the possibility of having this appeal heard with other similar appeals as he understood the likely efficiencies for the City as well as potential efficiencies for himself and other appellants. The Appellant raised concerns about the scheduled March 2025 Hearing dates as he may not be available. The Appellant also expressed openness to resolving the appeal through Tribunal- assisted mediation.
7The Tribunal considered the City’s request that the matter be heard together with two other appeals, however, given that the appellants of the other matters have not yet been consulted, the request is denied at this time. The Tribunal is prepared to adjourn this CMC and direct the City to seek the other appellants consent to have the matters heard together. The Tribunal also recommended that the City amend its request for Tribunal-assisted mediation to include Mr. Eade’s appeal.
8This CMC is adjourned to Monday, October 21,2024 at 10 a.m. by video.
9Parties 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
10Parties 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 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 as indicated above.
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 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.
“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.