Parklane Home Builders Limited v. Town of Fort Erie, 2025 CanLII 152137

ISSUE DATE: November 07, 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: 1658 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 Homebuilders Limited v. Fort Erie (Town)

Heard: October 6, 2025, by Video Hearing

APPEARANCES:

Parties

Counsel*/Representative

Parklane Homebuilders Limited

Sara Premi* Evan Alderman (student-at-law)

Town of Fort Erie

Denise Baker*

DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL

1This Decision arises from a case management conference (the “CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding the appeal brought by Parklane Homebuilders Limited (the “Appellant”) concerning an objection to By-Law No. 107-2024 passed by the Town of Fort Erie (the “Respondent”) designating the property located at 168 High Street, Fort Erie, Ontario (the “Property”) under the Ontario Heritage Act (the “Act”).

2At the CMC, the Parties discussed the issues to be adjudicated at a hearing and potential opportunities for settlement.

BACKGROUND

3At a meeting of Council of the Respondent held on November 18, 2024, By-Law No. 107-2024 was approved pursuant to which the Property was designated under Part IV, Section 29 of the Act in recognition of its cultural heritage significance, and in accordance with an evaluation report dated April 5, 2024, prepared for the Respondent with respect to the Property by Archeological Research Associates Limited, entitled “Evaluation of 168 High Street According to Ontario Regulation 9/06, Town of Fort Erie”.

4The Appellant subsequently appealed By-Law No. 107-2024 on the basis that it is of the view that the Property does not meet the requisite criteria for designation under the Act in accordance with Ontario Regulation 9/06.

REVIEW OF ISSUES

5No draft Procedural Order or Issues List was submitted to the Tribunal in advance of the CMC. At the CMC, the Parties discussed the facts underlying the appeal, and issues to be adjudicated at a hearing. A cultural heritage evaluation report had recently been prepared and was currently under review by the Respondent. Accordingly, the Parties requested that a subsequent CMC be scheduled, prior to which they would settle a draft Procedural Order and Issues List following the review by the Respondent of the cultural heritage evaluation report.

6Accordingly, at the request of the Parties, the Tribunal proceeded to schedule a subsequent CMC in respect of this matter to be held by Video Hearing on Monday, November 10, 2025, commencing at 10 a.m.

7Parties and/or Observers are asked to log in to 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/719383509

Access code: 719-383-509

8Parties 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

9Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.

10Individuals 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

11There will be no further notice.

12This 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.