Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 21, 2025
CASE NO(S).: OLT-25-000130
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. as amended
Appellant: Parklane Home Builders Limited
Subject: Passing of Application
Description: Passing of By-law 107-2024 to designate a heritage property
Reference Number: By-law 107-2024
Property Address: 168 High Street L2A 3R1
Municipality/UT: Fort Erie
OLT Case No.: OLT-25-000130
OLT Lead Case No.: OLT-25-000130
OLT Case Name: Parklane Home Builders Limited v. Fort Erie (Town)
Heard: November 10, 2025 by video hearing
APPEARANCES:
Parties
Counsel
Parklane Home Builders Limited (the "Appellant")
Sara Premi Evan Aldeman, Student-at-Law
Town of Fort Erie (the "Town")
Kelin Algayer Denise Baker (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON NOVEMBER 10, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This third Case Management Conference ("CMC") was held to prepare for a Hearing on the merits of the Appellant’s appeal to the Tribunal of By-law No. 107-2024 passed by the Town to designate the property municipally known as 168 High Street in the Town of Fort Erie as being of cultural heritage value or interest pursuant to section 29 of the Ontario Heritage Act, R.S.O. 1990, c. O.18 (the "Appeal").
HEARING DATES AND PROCEDURAL ORDER
2The Parties requested that the Tribunal schedule a Hearing on the merits of the Appeal and advised that they anticipate a total of two to four expert witnesses in the subject matters of heritage planning and architecture will be called by the Parties at the Hearing. The Parties estimated that two to three hearing days would be required in this regard, and the Tribunal directed that three hearing days be scheduled for the Hearing. The Parties advised that counsel have availability for this Hearing at the end of March, 2026, and accordingly the Tribunal directed that the Hearing to commence on Wednesday, March 25, 2026 at 10 a.m. by video and continue up to and including Friday, March 27, 2026.
3A draft Procedural Order, including Issues List, was submitted to the Tribunal for its consideration prior to the commencement of the CMC. The Parties were directed to co-operate on revising the draft Procedural Order to reflect the Hearing dates provided at the CMC and to submit the revised draft Procedural Order to the Tribunal. Upon the Parties so doing, the Tribunal reviewed same and the Procedural Order attached as Schedule "A" to this Order is approved.
4The Hearing is scheduled to proceed by video on Wednesday, March 25, 2026 at 10 a.m.
5Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
6Parties and/or Participants 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 979-388-733.
8Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
MEDIATION AND SETTLEMENT DISCUSSIONS
9The Tribunal encouraged the Town and the Appellant to seek opportunities for settlement or the narrowing of some or all of the issues of the Appeal and, in this regard, consideration for the Tribunal-facilitated mediation may be requested through the Case Co-ordinator.
ORDER
10The Tribunal orders as follows:
(a) A Hearing is scheduled to take place commencing Wednesday, March 25, 2026 at 10 a.m. by video for three days.
(b) The Procedural Order attached as Schedule "A" to this Order is approved.
(c) The Tribunal so orders and provides these CMC directives for the purposes of the case management of the Appeal.
(d) The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
(e) No further notice of these proceedings is required or will be given.
"D. Arnold"
D. ARNOLD
MEMBER
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.
ONTARIO LAND TRIBUNAL
SCHEDULE "A" - PROCEDURAL ORDER
ISSUE DATE: CASE NO(S).: OLT-25-000130
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, C. O. 18. as amended
Applicant/Appellant: Parklane Home Builders Limited
Subject: Passing of Application
Description: Passing of By-law 107-2024 to designate a heritage property
Reference Number: By-law 107-2024
Property Address: 168 High Street L2A 3R1
Municipality/UT: Fort Erie
OLT Case No.: OLT-25-000130
OLT Lead Case No.: OLT-25-000130
OLT Case Name: Parklane Home Builders Limited v. Fort Erie (Town)
- 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
The video hearing will begin on Wednesday, March 25, 2026 at 10:00 a.m. by video conference.
The parties’ initial estimation for the length of the hearing is three (3) days, concluding on Friday, March 27, 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 parties and participants identified at the case management conference are set out in Attachment 1 (see the attachment for the meaning of these terms).
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. However, the Issues List may be subject to scoping if issues are resolved in advance of the hearing.
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.
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.
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
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, January 9, 2026 and in accordance with paragraph 21 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.
Expert witnesses in the same field shall have a meeting on or before Monday, January 26, 2026 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 Friday, February 13, 2026.
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.
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.
On or before Friday, February 27, 2026, 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 21 below.
On or before Friday, February 27, 2026, a participant shall provide copies of their written participant statement to the other parties and the OLT case co-ordinator in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Monday, March 16, 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 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before Friday, March 13, 2026 Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 21 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Monday, March 16, 2026.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing pursuant to the directions provided by the OLT case co-ordinator.
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.
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.
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.
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.
On or before Wednesday, February 18, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
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
PARTIES AND PARTICIPANTS
Parties
- Parklane Home Builders Limited
Sara J. Premi SULLIVAN MAHONEY LLP 40 Queen Street, P.O. Box 1360 St. Catharines, Ontario L2R 6Z2 Tel: 905-688-8039 Email: sjpremi@sullivanmahoney.com
- Town of Fort Erie
Denise Baker WEIRFOULDS LLP 1320 Cornwall Road, Suite 201 Oakville, Ontario L6J 7W5 Tel: 416-715-7117 Email: dbaker@weirfoulds.com
ATTACHMENT 2
ISSUES LIST
- Does the property at 168 High Street, Fort Erie ("Property") meet the requirements for designation under section 29(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18 ("Act")?
1.1 Does the Property meet the criteria for designation prescribed in O. Reg. 9/06 and as identified in Town of Fort Erie By-law 109-2024 ("Designation By-law")?
- Does the Designation By-law comply with the requirements of s. 29(8)2 of the Ontario Heritage Act?
2.1 Does the statement and description of heritage attributes included in the Designation By-law comply with the requirements of section 3(1) O. Reg. 385/21, specifically:
- does the Designation By-law correctly identify the Property?
- does the description of the heritage attributes of the Property in the Designation By-law explain how each heritage attribute contributes to the cultural heritage value or interest of the property?
ATTACHMENT 3
ORDER OF EVIDENCE
- Parklane Home Builders Limited ("Applicant/Appellant")
- Town of Fort Erie ("Town")
- Reply by Parklane Home Builders Limited
ATTACHMENT 4
SUMMARY OF PROCEDURAL DATES
EVENT
DATE
List of Witnesses
January 9, 2026
Expert Witness Meeting
January 26, 2026
Statement of Agreed Facts and Issues
February 13, 2026
Hearing Date Confirmation
February 18, 2026
Expert Witness and Witness Statements
February 27, 2026
Participant Statements
February 27, 2026
Response to Written Evidence
March 13, 2026
Visual Evidence
March 16, 2026
Joint Document Book
March 16, 2026
OLT Hearing Commences
March 25, 2026