Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 23, 2025
CASE NO(S).: OLT-24-001109
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Appellant: 2088217 Ontario Inc.
Subject: 2088217 Ontario Inc. v Halton Hill (Town)
Description: To designate property under Part IV of the Ontario Heritage Act
Reference Number: By-law No. 2024-0062
Property Address: 49 Eastern Avenue
Municipality/UT: Halton Hills/Halton
OLT Case No: OLT-24-001109
OLT Lead Case No: OLT-24-001109
OLT Case Name: 2088217 Ontario Inc. v Halton Hills (Town)
Heard: January 21, 2025 by Video Hearing
APPEARANCES:
Parties 2088217 Ontario Inc.
Counsel Mark Flowers (in absentia) Meaghan McDermid
Parties Town of Halton Hills
Counsel David Germain Jaikaran Goraya
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON January 21, 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for Case File No. OLT-24-001109 relating to an appeal brought pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, from the Town of Halton Hills’ (“Town”) decision to pass Designation By-law No. 2024-0062. 2088217 Ontario Inc. (“Appellant”) appealed the decision regarding the property located at 49 Eastern Avenue (“Subject Property”) in the City.
2The Subject Property is approximately 1.1 acres in size and located on the northeastern side of Eastern Avenue. The lot has a 75-metre frontage on Eastern Avenue. The Subject Property is bordered by a parking lot to the northwest, a rail line to the northeast, open space to the southeast, and residential/commercial properties to the southwest.
3The Subject Property was listed on the Town’s Heritage Register during Phase 3 of the Town’s Heritage Register process and was identified as an example of a Late Victorian industrial building. The Town issued a Notice of Intention to Designate (“NOID”) to the Appellant on June 6, 2024. The Appellant objected to the NOID. The Town re-issued the NOID and the Appellant objected again.
4On August 26, 2024, the Town council passed By-Law No. 2024-0062 to designate the Subject Property.
STATUS REQUESTS
5The Tribunal did not receive any Party or Participant status requests prior to or during the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
6The Parties indicated that they have not reached a point in their discussions to have discussed settlement, or to warrant Tribunal led mediation, but may be open to it in the future. The Parties will notify the Tribunal, if they wish to proceed with Tribunal-led mediation, once they have resolved an open motion.
DRAFT PROCEDURAL ORDER
7The Parties did not provide a Draft Procedural Order (“PO”) prior to the CMC, stating that a PO is premature to define until their motion is resolved.
MOTION HEARING DATES
8At the CMC, the Parties advised the Tribunal that they were seeking a one-day Motion Hearing. On consent of all Parties, the one-day Motion Hearing has been scheduled to begin on Thursday, July 10, 2025, at 10 a.m. by video hearing. The pre-motion hearing dates for exchanges/submissions are outlined in Schedule A of this Decision.
9Parties and/or Participants and/or observers are asked to log in to the event at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
10Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to it by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is the same as indicated above.
12Individuals 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 hearing event may be directed to the Tribunal’s Case Coordinator.
ORDER
13THE TRIBUNAL ORDERS THAT:
a. The case management directives set out above are so ordered.
b. A one-day Motion Hearing will take place by video on Thursday, July 10, 2025 at 10 a.m.
14The Member is not seized.
15No further notice is required.
“A. Snowdon”
A. SNOWDON 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.
SCHEDULE A
| Task | Date |
|---|---|
| Motion record due | May 2, 2025 |
| Responding record due | May 16, 2025 |
| Reply motion record due | May 23, 2025 |
| Cross-examinations completed (if any) | May 30, 2025 |
| Appellant’s factum and book of authorities due | June 13, 2025 |
| Respondent’s factum and BOA due | June 27, 2025 |
| Reply factum and BOA due | July 4, 2025 |
| Motion date | July 10, 2025 |