Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 10, 2025
CASE NO(S).: OLT-22-004707
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Carlo Montemurro
Subject: Refusal of Application
Description: Objection to designation By-Law
Reference Number: BL 136-2022
Property Location: 1 Burns Place
Municipality/UL: Fort Erie/Niagara
OLT Case No.: 22-004707
OLT Lead Case No.: 22-004707
OLT Case Name: Montemurro v. Fort Erie (Town)
HEARD: February 4, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Carlo Montemurro | Raj Kehar |
| Town of Fort Erie | Callum Shedden |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. CAMPBELL AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a Case Management Conference (the “CMC”) brought by Carlo Montemurro (the “Applicant”) before the Ontario Land Tribunal (the “Tribunal”) concerning an Appeal (the “Appeal”) of Heritage Designation By-law No. 136-2022 (the “By-Law”) in respect of the Subject Property located at 1 Burns Place, Fort Erie (the “Subject Property”).
BACKGROUND
2The Appellant purchased the Subject Property on October 14, 2021. On October 17, 2022, the Town of Fort Erie (the “Town”) passed the By-Law which, pursuant to subsection 29(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended (the “OHA”), designated the entire Subject Property to be of cultural heritage value and/or interest.
3The Appellant, together with the beneficial owners, 2580749 Ontario inc. o/a Warm Homes and Niagara Regional Mortgage Services, seek to redevelop the Subject Property with 38 residential dwellings consisting of 33 townhouses in six development blocks, a single-detached dwelling, and preservation of the existing heritage dwelling with some modifications to repurpose it as a fourplex (the “Proposed Development”).
4On November 24, 2022, the Appellant appealed the By-Law to the Tribunal pursuant to subsection 29(11) of the OHA.
5On September 5, 2024, applications for an Official Plan Amendment and Zoning By-law amendment (the “OPA and ZBA Applications”) were filed with the Town to facilitate the Proposed Development. By letter dated October 8, 2024, the Town advised the Applicant that it deemed the OPA and ZBA Application to be incomplete for several reasons, including due to the fact that consideration of the OPA and ZBA Applications was premature until the Appeal before the Tribunal is determined. By order of the Tribunal on January 17, 2025, the OPA and ZBA Applications were subsequently deemed to be complete as of September 5, 2024.
6The OPA and ZBA Applications were subject to appeal for non-decision within 120 days of the date the applications are received by the Clerk of the Town pursuant to subsections 22(7.0.2) and 34(11.0.0.0.1) of the Planning Act, which right crystalized on or about January 8, 2025.
7On September 6, 2024, the Applicant, together with the beneficial owners, also applied for a demolition permit for the Subject Property pursuant to subsection 33 and 34 of the OHA (the “DP Application”) in order to permit the Proposed Development. The decision in respect of the DP Application was able to be appealed to the Tribunal pursuant to subsection 34.1 of the OHA.
8An issues list was previously settled, and a Hearing of the Merits was scheduled for December 2025 in respect of the Appeal. However, the Applicant submitted that the anticipated appeals of each of the OPA and ZBA Applications and the DP Application should be consolidated with the Appeal before the Tribunal as they will address the same heritage issues. The Applicant also submitted that there would be a substantial overlap in the evidence to be provided pursuant to both the Appeal and the appeals in respect of each of the OPA and ZBA Applications and the DP Application. Accordingly, pursuant to an order of the Tribunal dated November 22, 2024, the Hearing of the Merits in respect of the Appeal was adjourned in order that consideration might be given to consolidating the Appeal with the potential appeals of each of the OPA and ZBA Applications and the DP Application which were anticipated to be forthcoming at the time.
9At the CMC, the Appellant confirmed that an appeal for non-decision of the OPA and ZBA Applications was filed with the Town on or about January 22, 2025, and an appeal in respect of the DP Application was filed with the Town on or about January 31, 2025.
HEARING DATES AND SETTLEMENT DISCUSSIONS
10At the CMC, the Parties discussed the proposed consolidation of the Appeal with the appeals that have been filed in respect of the OPA and ZBA Applications and the DP Application, as well as opportunities for settlement discussions and potential hearing dates.
11As the appeals in respect of the OPA and ZBA Applications and the DP Application were just recently filed with the Town, they are not yet before the Tribunal. Accordingly, the Appellant requested that a hearing date be set in respect of the Appeal for late 2025, and that a subsequent CMC be scheduled for April 2025 at which: (i) a determination as to the proposed consolidation of the Appeal with the OPA and ZBA Applications and the DP Application could be considered; and (ii) in the event that such a consolidation is approved, a consolidated Issues List and Procedural Order could be settled. The Town did not object to this proposed course of action.
12The Parties also discussed opportunities for settlement and the Appellant indicated that it was open to participate in a formal mediation process. The Town indicated that it had not yet received instructions regarding mediation, but that it remained a possibility. Both Parties agreed that it was likely that settlement discussions would be facilitated if a hearing date for the Appeal is scheduled for late 2025, as it would allow sufficient time for mediation.
13The Tribunal accepted the submissions of the Parties with respect to the proposed schedule for the proceedings. Accordingly, a subsequent CMC in respect of this matter shall be scheduled to take place on Tuesday, April 8, 2025, commencing at 10 a.m. by Video Hearing.
14In addition, a 10-day hearing in respect of this matter shall be scheduled to take place commencing on Monday, October 27, 2025 at 10 a.m. by Video Hearing.
15Parties 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:
Tuesday, April 8, 2025
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
Audio-only Telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373.
Monday, October 27, 2025
GoTo Meeting: https://meet.goto.com/996288525
Access Code: 996-288-525
Audio-only Telephone line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391
16Parties 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
17Individuals 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 OF THE TRIBUNAL
18The Tribunal orders that a further CMC in respect of this matter is scheduled for April 8, 2025, and a Hearing of the Merits in respect of this matter is scheduled from October 27 to November 7, 2025, inclusive.
19There will be no further notice.
20This Member is not seized.
“Jennifer Campbell”
JENNIFER CAMPBELL
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.