Update on Court Proceeding for 65 Ward Street Property

The Municipality is providing an update on the status of the upcoming court proceeding concerning the property at 65 Ward Street.

Background

In December 2022, Municipal Council removed a Heritage Alteration Permit, previously granted to the property owner, Southbridge Care Homes (Southbridge) for 65 Ward Street, which would have allowed demolition of the property including identified heritage elements. This administrative action followed the denial of a Zoning By-law Amendment Application for the property in February 2022, indicating that the Municipality was not supportive of the development moving forward as proposed.

In June 2023, a Minister’s Zoning Order (MZO) was issued for 65 Ward Street, which overrides Council’s previous decision on the Zoning By-law Amendment application in order to facilitate the development of a new Long-Term Care facility. For the matter to proceed, Southbridge required a new Heritage Alteration Permit Application for Demolition of the buildings currently on the site. In June 2023, Council denied the new Heritage Alteration Permit Application for Demolition. In response, Southbridge filed both an appeal of Council’s decision and a motion with the Ontario Land Tribunal (OLT) to challenge the removal of the original permit, but the motion was subsequently denied.

Southbridge then filed a Motion for Leave to Appeal the OLT’s decision with the Ontario Divisional Court. The OLT has paused the process while waiting for a decision from the Divisional Court on this matter.

Current Status

The Municipality has been informed of recent Provincial legislation changes to the rules of Civil Procedure. Now, Motions for Leave to Appeal from tribunal decisions must be reviewed in writing by a panel of the Court only, with no in-person hearing. Both the Municipality and Southbridge have been directed to submit their written arguments. The parties have complied with this request.

The written hearing for the Motion for Leave to Appeal is scheduled for the week of December 9, 2024. A communication will follow once the Division Court renders its decision on this matter. The Municipality does not have a clear indication as to when the written decision will be provided.

The Municipality is providing this update to advise interested individuals who may be anticipating an open, in-person hearing regarding consideration of the Motion for Leave to Appeal.

2024-11-06