CORRECTION NOTICE
OLT CASE NO(S).: OLT-25-000219
DECISION ISSUE DATE(S): July 11, 2025
CORRECTION NOTICE ISSUE DATE: August 15, 2025
RE: 1000066335 Ontario Inc. v. St. Catharines (City)
Correction to: Replacing Joseph Veloce with Denise Baker in the Appearances section and replacing all mentions of St. Catherines with St. Catharines.
Originally:
APPEARANCES:
Parties Counsel
1000066335 Ontario Inc. Rowan Barron*
Daniel Artenosi*
City of St. Catharines Joseph Veloce
Sylvain Rouleau
Corrected to:
APPEARANCES:
Parties Counsel
1000066335 Ontario Inc. Rowan Barron*
Daniel Artenosi*
City of St. Catharines Denise Baker (in absentia)
Sylvain Rouleau
Originally:
1This Decision arises from a Case Management Conference (the “CMC”) of the Ontario Land Tribunal (the “Tribunal”) regarding (i) an appeal by 1000066335 Ontario Inc. (the “Appellant”) concerning a denial by the City of St. Catherines (the “City”) of a requested Official Plan Amendment (the
“OPA”) in respect of the property located at 33 Lock Street, St. Catherines (the “Property”) (“OLT 25-000260”); (ii) an appeal by the Appellant concerning a denial by the City of a requested Zoning By-Law Amendment (the
“ZBA”) in respect of the Property (“OLT 25- 000261”); and (iii) an appeal by the Appellant concerning a denial by the City of a requested permit to demolish an existing heritage structure (the “Heritage Permit Application”) in respect of the in respect of the Property (“OLT 25-000219”).
Corrected to:
1This Decision arises from a Case Management Conference (the “CMC”) of the Ontario Land Tribunal (the “Tribunal”) regarding (i) an appeal by 1000066335 Ontario Inc. (the “Appellant”) concerning a denial by the City of St. Catharines (the “City”) of a requested Official Plan Amendment (the “OPA”) in respect of the property located at 33 Lock Street, St. Catharines (the “Property”) (“OLT 25-000260”);
(ii) an appeal by the Appellant concerning a denial by the City of a requested Zoning By- Law Amendment (the “ZBA”) in respect of the Property (“OLT 25-000261”); and (iii) an appeal by the Appellant concerning a denial by the City of a requested permit to demolish an existing heritage structure (the “Heritage
Permit Application”) in respect of the in respect of the Property (“OLT 25-000219”).
“Matthew D.J. Bryan”
Matthew D.J. Bryan
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.
ISSUE DATE:
July 11, 2025
CASE NO(S).:
OLT-25-000219
PROCEEDING COMMENCED UNDER subsection 42(6) of the Ontario Heritage Act,
R.S.O. 1990, c. O.18, as amended
Appellant and Appellant:
1000066335 Ontario Inc.
Subject:
Refusal of Application
Description:
To permit the redevelopment of the Site with
a new 4-storey building comprised of residential and commercial uses
Property Address:
33 Lock Street
Municipality/UL:
St. Catherines
OLT Case No.:
OLT-25-000219
OLT Lead Case No.
OLT-25-000219
OLT Case Name:
1000066335 Ontario Inc. v. St. Catherines (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Appellant and Appellant:
1000066335 Ontario Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the redevelopment of the Site with a new 4-storey building comprised of residential and commercial uses
Reference Number:
24104092OP
Property Address:
33 Lock Street
Municipality/UL:
St. Catherines
OLT Case No.:
OLT-25-000260
OLT Lead Case No.
OLT-25-000219
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O.
1990, c. P.13, as amended
Appellant and Appellant:
1000066335 Ontario Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of the Site with a new 4-storey building comprised of residential and commercial uses
Reference Number:
24104091ZA
Property Location:
33 Lock Street
Municipality/UL:
St. Catherines
OLT Case No.:
OLT-25-000261
OLT Lead Case No.
OLT-25-000219
Heard:
July 7, 2025 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
1000066335 Ontario Inc.
Rowan Barron* Daniel Artenosi*
City of St. Catherines
Joseph Veloce Sylvain Rouleau*
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER CAMPBELL ON JULY 07, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a Case Management Conference (the “CMC”) of the Ontario Land Tribunal (the “Tribunal”) regarding (i) an appeal by 1000066335 Ontario Inc. (the “Appellant”) concerning a denial by the City of St. Catherines (the “City”) of a requested Official Plan Amendment (the “OPA”) in respect of the property located at 33 Lock Street, St. Catherines (the “Property”) (“OLT 25-000260”); (ii) an appeal by the Appellant concerning a denial by the City of a requested Zoning By-Law Amendment (the “ZBA”) in respect of the Property (“OLT 25-000261”); and (iii) an appeal by the
Appellant concerning a denial by the City of a requested permit to demolish an existing heritage structure (the “Heritage Permit Application”) in respect of the in respect of the Property (“OLT 25-000219”).
2At the CMC, Wendy Stapleford requested Participant Status; (ii) the Parties requested the consolidation of OLT Case File Nos. OLT 25-000260, OLT 25-000261 and OLT 25-000219; (iii) the Parties requested dates for a future hearing and further CMC; and (iv) the Parties discussed an upcoming scheduled mediation.
BACKGROUND
3The Property is located within the Port Dalhousie Heritage Conservation District which was designated in 2003 as a heritage conservation district under Part V of the Ontario Heritage Act as it existed then. On March 28, 2024, the Appellant filed applications with the City for the OPA and the ZBA (collectively, the “Planning Applications”) to permit the redevelopment of the Property with a new four-storey building comprised of residential and commercial uses (the “Proposed Development”). The Planning Applications were deemed complete on December 3, 2024.
4On December 11, 2024, the Appellant filed a related application under Section 42 of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended for the Heritage Permit Application to demolish the existing structure and to construct the Proposed Development.
5At a meeting held on February 24, 2025, City Council denied each of the Planning Applications and the Heritage Permit Application.
6The Appellant is appealing the denial by the City of (i) the application for the OPA, which appeal is proceeding as OLT 25-000260; (ii) the application for the ZBA, which appeal is proceeding as OLT 25-000261; and (iii) the Heritage Permit Application, which appeal is proceeding as OLT 25-000219.
Status Requests
7At the CMC, Wendy Stapleford submitted a request for Participant status on the basis that she had an interest in a neighbouring property. The request for Participant status was on consent. The Tribunal found that there were reasonable grounds to add Wendy Stapleford as a Participant and granted her Participant status, as requested.
Consolidation
8The Parties jointly requested that the appeals in respect of each of the OPA and ZBA applications and the Heritage Permit Application be consolidated as they address the same heritage issues, and there will be substantial overlap in the evidence to be provided in respect of each of the appeals.
9The Tribunal has the authority to consolidate hearings pursuant to Section 16.1 of the Tribunal’s Rules of Practice and Procedure (the “Rules”) which provide as follows:
16.1 The Tribunal may order that two or more proceedings or any part of them, be consolidated, heard at the same time, or heard one after the other, or stay or adjourn any matter until the determination of any other matter, subject to any applicable statutory or regulatory restrictions.
10Further, in determining whether to grant the requested consolidation, the Tribunal considered s. 1.3 and 1.6 of the Rules which provide as follows:
1.3 Interpretation of the Rules. These Rules shall be liberally interpreted to offer the best opportunity for a fair, just, expeditious and cost-effective resolution of the merits of the proceedings.
1.6 Tribunal May Exempt From Rules. The Tribunal may grant all necessary exceptions from these Rules or from any procedural order, or grant other relief as it considers necessary and appropriate, to ensure that the real questions in issue are determined in a fair, just, expeditious and cost-effective manner.
11The Tribunal was persuaded that consolidating the three appeals would lead to better efficiencies than would be achieved through hearing the matters separately. The three matters relate to the same Property and Proposed Development, and have common heritage issues which will involve hearing evidence from the same witnesses. Consolidation will also enable the Tribunal to deal with the issues in a comprehensive, efficient and cost-effective manner and avoid potential pre-determination of issues in subsequent proceedings.
12Accordingly, based on the joint submissions of the Parties, the Tribunal granted the requested relief and consolidated OLT 25-000260, OLT 25-000261 and OLT 25- 000219 pursuant to Rule 16.1 of the Rules.
Subsequent CMC
13Having determined that each of the three appeals shall be consolidated, the Tribunal then turned to the next procedural steps in this matter. The Parties advised that they had scheduled a mediation to commence on Friday, July 18, 2025, and, depending upon the results of such mediation, they may either require a settlement hearing with the Tribunal or proceed to a full hearing in which event they would require a further CMC to finalize an issues list (“IL”) and procedural order (“PO”). In this regard, the Parties jointly requested that a further CMC be scheduled for Fall 2026 (which could be converted into a settlement hearing, if required) and hearing dates be set for spring 2026. The Tribunal had no objections.
14Accordingly, at the request of the Parties, the Tribunal proceeded to schedule both a subsequent CMC and a 10-day hearing in respect of these matters to be held by video hearing on the assigned dates noted below:
CMC on Wednesday, November 12, 2025, at 10 a.m. GoToMeeting: https://global.gotomeeting.com/join/519389173 Access Code: 519-389-173
Audio Only Line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-Only Access Code: 519-389-173
Merit Hearing on Monday, April 13, 2026, to Friday, April 24, 2026, at 10 a.m. GoToMeeting: https://meet.goto.com/278736685
Access Code: 278-736-685
Audio Only Line: (Toll-Free) 1 888 455 1389 or +1 (647) 497-9391
Audio-Only Access Code: 278-736-685
15Parties 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.
16Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: The Access Code for the assigned dates are as indicated above.
18Individuals 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.
19The Parties were advised to submit their proposed final IL and PO to the Tribunal prior to the next CMC unless the matter is resolved prior to such time, and to advise the Tribunal at their earliest convenience if the dates for either the subsequent CMC and/or hearing are no longer required in order that the Tribunal may reassign such dates as necessary.
ORDER
[20] THE TRIBUNAL ORDERS that:
(i) Wendy Stapleford is granted Participant status in these proceedings.
(ii) OLT Case File Nos. OLT 25-000260, OLT 25-000261 and OLT 25-000219
are hereby consolidated.
(iii) There will be no further notice.
(iv) This 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.