First Ontario Street Ltd. v. St. Catharines (City), 2025 CanLII 119053

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 13, 2025

CASE NO.: OLT-25-000315

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: First Ontario Street Ltd.

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the development of a 33-storey mixed use building and to retain and incorporate existing heritage building

Reference Number: 24-111770 ZA

Property Address: 37 Ontario St and 3 Ontario Lane

Municipality/UT: St. Catharines/Niagara

OLT Case No: OLT-25-000315

OLT Lead Case No: OLT-25-000315

OLT Case Name: First Ontario Street Ltd. v. St. Catharines (City)

BEFORE: ERIC S. CROWE

Thursday, the 13th day of November, 2025

MEMBER

THE TRIBUNAL ORDERS that further to the Order issued on October 21, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on Tuesday, February 17, 2025. The Tribunal has set aside four day(s) for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN

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

ONTARIO LAND TRIBUNAL PROCEDURAL ORDER

ISSUE DATE: November 13, 2025 CASE NO(S).: OLT-25-000315

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: First Ontario Street Ltd.

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the development of a 33-storey mixed use building and to retain and incorporate existing heritage building

Reference Number: 24-111770 ZA

Property Address: 37 Ontario St and 3 Ontario Lane Municipality/UT: St. Catharines/Niagara

OLT Case No.: OLT-25-000315 OLT Lead Case No.: OLT-25-000315

OLT Case Name: First Ontario Street Ltd. v. St. Catharines (City)

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 Tuesday, February 17, 2026 at 10 a.m.

3. The parties’ initial estimation for the length of the hearing is four (4) days, concluding on Friday, February 20, 2026. 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. The procedural order deadlines are found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in Attachment 2

5. The issues are set out in the Issues List attached as Attachment 3. 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 4 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 Friday, November 28, 2025 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 proposed to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before Friday, December 19, 2025 use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meetings, and if agreement is reached, the parties must prepare and file a Statement of Agreed Facts and issues with the OLT case co-ordinator on or before Monday, February 2, 2026.

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 Friday, December 19, 2025, the parties shall provide copies of their 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 Friday, December 19, 2025, a participant shall provide copies of their written participant statement to the other parties and the OLT case co-ordinator 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 Tuesday, January 13, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before Friday, February 6, 2026, the parties shall provide copies of their visual evidence to all of the other parties and the OLT case co-ordinator 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. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received 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 Friday, February 6, 2026.

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 other parties and 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 Tuesday, February 10, 2026 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 electronic, and in hard copy to the Tribunal if requested. 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 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: ERIC S. CROWE

Date:

NOVEMBER 13, 2025

TRIBUNAL REGISTRAR

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and

(5) a list of reports or materials that the witness will rely on at the hearing. An expert

witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross- examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

ATTACHMENT 1 SUMMARY OF DATES

DATE

EVENT

November 28, 2025

Exchange of witness lists (names, disciplines and order to be called)

December 19, 2025

Expert witnesses in the same field shall have a meeting on or prior to this date, and use best efforts to try to resolve or reduce the issues for the hearing

February 22, 2026

Statement of Agreed Facts and Issues to be filed

December 19, 2025

Exchange of summonsed witness outlines, Expert Reports and Participant Statements

January 13, 2026

Deadline to advise OLT if all the reserved hearing dates are still required.

February 6, 2026

Exchange of Visual Evidence (if any)

February 6, 2026

Deadline to submit Joint Document Book

February 10, 2026

Deadline for Hearing Plan to be filed with the Tribunal

February 17, 2026

Hearing commences

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES

1. First Ontario Street Ltd.

Thomas G. Hanrahan (LSO No. 30684M) SULLIVAN MAHONEY LLP

40 Queen Street, P.O. Box 1360 St. Catharines, Ontario L2R 6Z2 Tel: 905-688-0494

Fax: 905-688-5814

Email: thanrahan@sullivanmahoney.com

Evan B. Alderman (LSO No. 93974R) SULLIVAN MAHONEY LLP

40 Queen Street, P.O. Box 1360 St. Catharines, Ontario L2R 6Z2 Tel: 905-688-6655

Fax: 905-688-5814

Email: ealderman@sullivanmahoney.com

2. City of St. Catharines

Callum Shedden (LSO No. 27500S) DANIEL & PARTNERS LLP

300B Fourth Avenue, First Floor St. Catharines, Ontario L2S 0E6 Tel: 905-688-9411

Fax: 905-688-5747

Email: sheddenc@niagaralaw.ca

PARTICIPANTS

1. Robert Crawford

bobandhazelcrawford@sympatico.ca

2. James and Liz Fleming

lizfleming@gmail.com

ATTACHMENT 3 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 without leave of the Tribunal.

1. Did Council of the City of St. Catharines give sufficient consideration to the information and material provided to it in making its decision on the proposed development application, as per s. 2.1(1)(b) of the Planning Act?

2. The parties to the within appeal are in agreement that there are no issues relating to matters of provincial interest under s. 2 of the Planning Act; that there are no issues relating to consistency with the relevant provisions of the Provincial Planning Statement, 2024; and that there are no issues relating to conformity with the relevant provisions of the 2022 Niagara Official Plan. The parties will be filing a Statement of Agreed Facts in accordance with the draft Procedural Order.

3. Does the proposed development conform to the relevant provisions of the City of

St. Catharines’ Official Plan (“the Garden City Plan”), in particular:

a. 4.3.4. Built Form

b. 2.3.3.5. iv. Housing

4. The parties to the within appeal are in agreement that there are no issues relating to any other relevant provisions of the Garden City Plan, in particular:

a. Cultural Heritage/Downtown Character

b. Shadowing and Wind Impacts

c. Public Realm Interface

d. Non-residential Uses

The parties will be filing a Statement of Agreed Facts in regard to relevant Garden City Plan provisions, in accordance with the draft Procedural Order.

5. Does the proposed development have sufficient regard for the relevant provisions of the City of St. Catharines Urban Design Guidelines, in particular:

a. Hight and Density Appropriateness

b. Tower Placement and Separation

6. Does the proposed development provide an appropriate transportation/traffic and parking plan?

7. Does the proposed Zoning By-law Amendment conform to, and is it consistent with, the municipal interest as expressed in the relevant provisions of the City of St. Catharines Zoning By-law?

8. Does the proposed development represent good planning and is it in the public interest?

ATTACHMENT 4 ORDER OF EVIDENCE

1. First Ontario Street Ltd. (“Applicant/Appellant”)

2. City of St. Catharines (“City”)

3. Reply by First Ontario Street Ltd.