Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 07, 2025
CASE NO(S).: OLT-25-000274
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. as amended
Applicant and Appellant: Ioannis Fragiadakis
Subject: Passing of By-law 4-25 to designate a heritage property
Description: To designate the Thomas Smith House at 159 Mill Street under Part IV, Section 29 of the Ontario Heritage Act
Reference Number: D12-07334
Property Address: 159 Mill Street
Municipality/UT: Richmond Hill/York
OLT Case No.: OLT-25-000274
OLT Lead Case No.: OLT-25-000274
OLT Case Name: Fragiadakis v. Richmond Hill (City)
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Ioannis Fragiadakis (the “Appellant”) | Alexandra Fragiadakis* |
| Town of Richmond Hill (the “Town”) | Carlton Thorne |
Heard: July 30, 2025 by video hearing
MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON JUly 30, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first 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.4-25 passed by the Town to designate the property municipally known as 159 Mill Street in the Town 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”).
2There were no requests for additional party or participant status in these proceedings.
3The Tribunal is in receipt of a properly executed Representative of Party Authorization Form for Alexandra Fragiadakis to represent the Appellant. Ms. Fragiadakis advised that the Appellant is out of the country and she is unable to obtain instructions from the Appellant until his return in September. Ms. Fragiadakis also indicated that it would be productive to allow some time for the representative to review various documents associated with the Appeal, as well as to consider whether to retain counsel and/or any expert witnesses in connection with these proceedings. In view of the foregoing, the Tribunal determined that it would be premature to set a date for a hearing on the merits of the Appeal at this CMC. The Tribunal determined that a second CMC in the Fall, 2025 would be appropriate in order to assess next steps in the proceedings including, if required, the finalization of a procedural order and scheduling of a hearing on the merits of the Appeal. The Appellant’s representative requested and, on no objection of the Town, the Tribunal agreed to schedule an earlier start time for the second CMC in order to accommodate a work schedule.
SECOND CASE MANAGEMENT CONFERENCE
4A second CMC is scheduled to take place on Wednesday, October 15, 2025, at 9:15 a.m. (n.b. the start time) by video.
Go to Meeting: https://global.gotomeeting.com/join/519389173
The Access Code : 519-389-173
5Parties are asked to log in to the event at least 15minutes before it begins to test their video and audio connections.
6Parties 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 519-389-173.
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 encourages the Town and the Appellant to seek opportunities for settlement or narrowing of some or all of the issues 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) The Appellant is directed to advise the Town’s counsel and the Tribunal (through the case co-ordinator) in writing/email by no later than Wednesday, October 1, 2025 if the Appellant has retained counsel and whether the Appellant intends to call any expert witnesses at the hearing on the merits of the Appeal and to provide to the Town’s counsel and the Tribunal (through the case co-ordinator) a draft proposed Issues List describing the Appellant’s issues of the Appeal in respect of which evidence will be heard at the hearing on the merits of the Appeal.
(b) A half-day Case Management Conference is scheduled to take place on Wednesday, October 15, 2025 at 9:15 a.m. (n.b. the start time) with the proposed Agenda anticipated to include consideration of a draft Procedural Order (including a draft issues list) and the setting of hearing date(s) for a hearing on the merits of the Appeal.
(c) The Tribunal so orders and provides these Case Management Conference directives for the purposes of the case management of the Appeals.
11The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
12No further notice 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.