Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 15, 2025
CASE NOS.:
OLT-22-003604
OLT-23-000494
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a residential subdivision
Reference Number:
ZBA-11-2020
Property Address:
200 John Street E. and 588 Charlotte Street
Municipality/UT:
Niagara-on-the-Lake/Niagara
OLT Case No.:
OLT-22-003604
OLT Lead Case No.:
OLT-22-003604 (Previous OLT-22-003603)
OLT Case Name:
Solmar (Niagara 2) Inc. v. Niagara-on-the-Lake (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject:
Proposed Plan of Subdivision– Failure of Approval Authority to make a decision
Description:
To permit the development of a residential subdivision
Reference Number:
26T-18-20-01
Property Address:
200 John Street E. and 588 Charlotte Street
Municipality/UT:
Niagara-on-the-Lake/Niagara
OLT Case No.:
OLT-22-003605
OLT Lead Case No.:
OLT-22-003604 (Previous OLT-22-003603)
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Applicant/Appellant:
Solmar (Niagara 2) Inc.
Subject:
Appeal of the Decision of Council on an application to demolish or remove a building or structure
Description:
To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number:
HER-015-2022
Property Address:
200 John Street E.
Municipality/UT:
Niagara-on-the-Lake/Niagara
OLT Case No.:
OLT-23-000494
OLT Lead Case No.:
OLT-23-000494
OLT Case Name:
Solmar (Niagara 2) Inc. v. Niagara-on-the-Lake (Town)
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant:
Solmar (Niagara 2) Inc.
Subject:
Appeal of the Decision of Council on an application for the alteration of a designated property
Description:
To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number:
HER-015-2022
Property Address:
200 John Street E.
Municipality/UT:
Niagara-on-the-Lake/Niagara
OLT Case No.:
OLT-23-000495
OLT Lead Case No.:
OLT-23-000494
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant:
Solmar (Niagara 2) Inc.
Subject:
Appeal of the Decision of Council on an application for the alteration of a designated property
Description:
To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number:
HER-016-2022
Property Address:
588 Charlotte Street
Municipality/UT:
Niagara-on-the-Lake/Niagara
OLT Case No.:
OLT-23-000496
OLT Lead Case No.:
OLT-23-000494
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant:
Solmar (Niagara 2) Inc.
Subject:
Appeal of the Decision of Council on an application to demolish or remove a building or structure
Description:
To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number:
HER-016-2022
Property Address:
588 Charlotte Street
Municipality/UT:
Niagara-on-the-Lake/Niagara
OLT Case No.:
OLT-23-000497
OLT Lead Case No.:
OLT-23-000494
BEFORE:
S. TOUSAW
VICE CHAIR
Tuesday, the 15th day of
W. DANIEL BEST
April, 2025
MEMBER
WHEREAS the Tribunal’s Interim Order issued on October 11, 2024, Ordered as follows (para. 170):
Solmar (Niagara 2) Inc. (“Solmar”) is directed to advise the other Parties and the Tribunal within two (2) months of the issuance of this Interim Decision of whether it intends to pursue the studies and revisions to its proposed development in accordance with the Tribunal’s findings and directions in this Decision.
If Solmar advises that it will not proceed as directed, the Tribunal will issue a Final Order dismissing the appeals.
If Solmar advises that it will proceed as directed, Solmar is instructed to do so in consultation with the Town of Niagara-on-the-Lake (“Town”), Save Our Rand Estate Inc. and Blair and Brenda McArthur. Solmar and the Town are directed to advise the Tribunal on progress, remaining steps, and estimated time to completion, within 12 months of the issuance of this Interim Decision.
AND WHEREAS on January 28, 2025, the Chair of the Tribunal dismissed Solmar’s Request for Review of the Tribunal’s Interim Order, and by letter dated March 28, 2025, granted an extension to April 11, 2025, for Solmar to advise whether it will proceed as directed by the Interim Order;
AND WHEREAS Solmar advised the Tribunal on April 11, 2025, “that Solmar is not prepared to pursue the studies and revisions to its proposed development as identified in the Decision”;
THE TRIBUNAL ORDERS that the appeals are dismissed.
“Euken Lui”
ACTING 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