Court File and Parties

CITATION: Solmar (Niagara 2) Inc. v. The Corporation of the Town of Niagara-On-The-Lake, 2024 ONSC 6965

DIVISIONAL COURT FILE NO.: 689/24

DATE: 2024-12-12

SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT

RE: Solmar (Niagara 2) Inc., Applicant

-and-

The Corporation of the Town of Niagara-On-The-Lake, Respondent

BEFORE: FL Myers J

COUNSEL: Willam McDowell, Margaret Robbins, and Ravneet Minhas, for the Applicant

Scott Sinder and Anna Toumanians, for the Respondent

Brennyn Watterton and Kathleen Coulter, for the Ontario Land Tribunal

Chris Paliare and Sonia Patel, for Save Our Real Estate

Tim Hill and David Neligan, for Blair and Brenda McArthur

HEARD: December 11, 2024

ENDORSEMENT

[1] The parties attended a case management conference on December 11, 2024 to deal with preliminary issues related to the Applicant, Solmar (Niagara 2) Inc.’s (“Solmar”) Notice of Application for Judicial Review issued November 13, 2024.

[2] The parties have agreed to hold the Application in abeyance until the Ontario Land Tribunal (the “Tribunal”) issues its decision on Solmar’s Request for Reconsideration pursuant to section 23 of the Ontario Land Tribunal Act, 2021 and submitted on November 12, 2024. The Application is therefore held abeyance pursuant to the agreement of the parties and this endorsement.

[3] Within 45 days following the release of the Tribunal’s decision on the Request for Reconsideration, or following the filing of the Tribunal’s certified record, whichever is later, Solmar will amend its Notice of Application, if necessary, and file its application record, unless it chooses not to proceed with the Application. The responding parties will file their materials within 30 days following receipt of Solmar’s materials. The Tribunal will file its materials within 14 days following receipt of the responding parties’ materials.

FL Myers J

Date: December 12, 2024