Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 01, 2024
CASE NO(S).: OLT-22-003730
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Applicant/Appellant: Robert Long
Subject: Demolition of a building or structure on a property designated pursuant to s. 29 of the OHA
Reference Number: 130103
Property Address: 477 Ridge Road North
Municipality/UT: Fort Erie/Niagara
OLT Case No.: OLT-22-003730
OLT Lead Case No.: OLT-22-003730
OLT Case Name: Long v. Fort Erie (Town)
Heard: August 30 2024, by video hearing
APPEARANCES:
Parties
Counsel
Robert Long
P. Maloney
(“Appellant”)
Town of Fort Erie
C. Shedden
(“Town”)
MEMORANDUM OF ORAL DECISION DELIVERED BY N. Allam and D. Chipman ON August 30, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”), held on August 30, 2024. The CMC regarded the Appeal proceeding brought by Robert Long under s. 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
2The Application seeks to demolish a building designated under Ontario Heritage Act. The Appellant has no plans to redevelop the site which is currently occupied with a two-storey building and an accessory building. The Site was designated in 1999. In 2019, an order was issued requiring an inspection of all structural components. An engineer was retained by the Appellant, who inspected the site and indicated in their report to the Town that the dwelling was beyond repair.
3Staff recommended the removal of the heritage designation on the dwelling to allow for the demolition of the building but maintaining the designation on the property. Council refused the application.
Main Points Discussed
4The Parties informed the Tribunal they have not reached a settlement. Mr. Maloney explained that reaching a resolution involves significant effort from the side of the Appellant and his technical experts. He explained that the goal is to identify and protect the parts of the original building that are of significant value for conservation that require preservation, undertake the necessary corrections to the structure and remove areas that were added at different stages that are not subject to conservation. Once identified they would provide the required work that would not intrude or interfere with integrity of the heritage part of the structure.
5Mr. Shedden stated that the Town would like this matter put to rest as soon as possible. Mr. Maloney informed the Tribunal that a third party has now been secured by the Appellant and the process is moving forward.
6The Parties suggested a status update by means of a further CMC be provided towards the end of the year. If a settlement were to be attained the Parties would advise the Case Coordinator to convert the CMC to a settlement hearing.
7Member Chipman raised a concern around the general safety of the building and site conditions on the public. Mr. Maloney confirmed that adequate fencing was installed, as requested by the Town.
8After canvassing the Parties, the Tribunal set a date for the third CMC as noted below. The Parties are expected to provide an update at the CMC on the progress of the work or Settlement reached. The Parties are to provide the Case Coordinator with a Procedural Order and Issues List 10 days in advance of the next CMC and come prepared to review the Issues List and set a date for merit hearing.
9Should a settlement be reached, the Parties have the option of requesting the Tribunal schedule a written hearing to consider the proposed settlement. The Parties are directed to provide the Tribunal with written notification, at the earliest time possible, to adjust the schedule and cancel the reserved time for the CMC.
10It was brought to the Parties’ attention that if required, the Tribunal provides mediation services and to contact the Case Coordinator should they wish to avail of this service.
11A third CMC is scheduled to proceed by video on Tuesday, December 10, 2024, at 10 a.m.
12Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
13Parties 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
14Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
15Individuals 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 video hearing 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
16The Tribunal Orders:
a) A third CMC will commence on Tuesday, December 10, 2024, at 10 a.m. by video hearing.
b) A Procedural Order and Issues List are to be provided to the Case Coordinator no later than 10 days prior to the above noted CMC.
17The Panel is not seized.
18No further notice is warranted.
“N. Allam”
N. ALLAM
MEMBER
“D. Chipman”
D. CHIPMAN
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.