Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 27, 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: June 20, 2025 by Video Hearing
APPEARANCES:
Parties
Parklane Home Builders Limited
Counsel
Debra Hill
Parties
Town of Fort Erie
Counsel
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 Home Builders 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 Appellants subsequently appealed By-Law No. 107-2024 on the basis that they are 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 had been submitted to the Tribunal in advance of the CMC. At the CMC, the Parties discussed the facts underlying the appeal, and potential issues to be adjudicated at a hearing that were capable of adjudication by the Tribunal. After discussion, it was determined that the Appellant would require additional time to prepare a draft Procedural Order and Issues List. The Tribunal encouraged the Appellant to consult with legal counsel and a heritage professional where possible in order to better define the issues that could be adjudicated at a hearing.
6The Respondent also indicated that it was open to possible settlement discussions depending upon the nature of the issues that may ultimately be defined by the Appellant.
7In order to provide the Appellant with additional time to prepare a draft Procedural Order and Issues List, and to allow for potential discussions between the Parties, it was determined that a subsequent CMC should be scheduled in this matter.
8Accordingly, 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 Wednesday, August 27, 2025, commencing at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
1Parties and participants 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.
2Parties and 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
3Persons 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 into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
4Individuals 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
5There will be no further notice.
6This 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.