Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 30, 2025
CASE NO(S).: OLT-24-001141
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. as amended
Appellant: Rozina Hussain on behalf of Ghulam Hussain
Subject: Objection to designation By-law No. 2024-410
Property Address: 149 Rideau Street
Municipality/Upper Tier: Ottawa
OLT Case No.: OLT-24-001141
OLT Lead Case No.: OLT-24-001141
OLT Case Name: Hussain v. Ottawa (City)
Heard: January 28, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Rozina Hussain Ghulam Hussain
(Did not attend) Self-represented*
City of Ottawa
Garett Schromm Rui Zhang (Legal Intern)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON January 28, 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for Case File No. OLT-24-001141 relating to an appeal brought pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, (“Act”) from the City of Ottawa’s (“City”) decision to pass Designation By-law No. 2024-410. Rozina Hussain, on behalf of Ghulam Hussain, (“Appellant”) appealed the decision regarding the property located at 149 Rideau Street (“Subject Property”) in the City.
2The Subject Property is a three-storey building constructed circa 1875 and located on the north side of Rideau Street. The Subject Property is located in the ByWard Market area of the City and is bordered by commercial properties.
3The Subject Property is a representative example of a late nineteenth century Italianate commercial building featuring typical elements of the Italianate style. The City issued a Notice of Intention to Designate (“NOID”) to the Appellant on July 5, 2024. The Appellant objected to the NOID.
4On October 2, 2024, the City council passed By-Law No. 2024-410 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 discussed settlement or Tribunal led mediation.
7The Parties are open to settlement discussions and may continue to do so before their next appearance before the Tribunal.
DRAFT PROCEDURAL ORDER
8The Parties did not provide a Draft Procedural Order (“PO”) prior to the CMC, indicating that, as there are certain outstanding procedural matters in dispute requiring a determination of the Tribunal by way of a Motion Hearing, they were not presently in a position to provide a draft PO and issues list.
MOTION HEARING DATES
9The City stated that the Appellant’s appeal form was submitted within the necessary appeal period but lacked “reasons in support of the objection”, as required by s. 29(11) of the Act.
10At the CMC, the City advised the Tribunal that they were seeking a half-day Motion Hearing to determine the grounds of the appeal.
11For the convenience of the Parties, the Tribunal refers them to the Tribunal’s Rules of Practice and Procedure (“RPP”), and in particular, Rule 10 respecting Motions.
i. As required by Rules 10.4 and 10.5 of the RPP, the City (the Moving Party) shall serve a Notice of Motion and all supporting documents at least 15 days prior to the date of the Motion to all Parties and the Tribunal.
ii. Rules 10.6 and 10.7 of the RPP state that the Appellant (the Responding Party), no later than seven days before the date of Motion, shall serve a Notice of Response that:
a. States the response to be made, including a reference to any statutory provision or Rule to be relied upon;
b. Lists the documentary evidence to be used at the hearing of the motion; and
c. Includes an affidavit setting out a brief and clear statement of the facts upon which the responding party will rely.
iii. The Moving Party may serve a reply submission three days prior to the motion hearing as provided by Rule 10.8 of the RPP.
12On consent of all the Parties, a half-day Motion Hearing has been scheduled to begin on Friday, March 7, 2025, at 10 a.m. by video hearing.
13Parties 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/927921077
Access Code: 927-921-077
14Parties 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.
15Persons 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) 497-9391 or (Toll-Free) 1-888-299-1889. The Access Code is the same as indicated above.
16Individuals 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.
17Depending on the outcome of the Motion Hearing, the Tribunal will schedule a further CMC, if necessary, and the Parties are directed to submit a draft PO and issues list no less than 10 days prior to that event.
ORDER
18THE TRIBUNAL ORDERS THAT:
a. The case management directives set out above are so ordered.
b. A half-day Motion Hearing will take place by video on Friday, March 7, 2025 at 10 a.m..
19The Member is not seized.
20No 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.