The town and SORE have won again.
On Friday Justice Linda Walters ruled to dismiss an application by Solmar Development Corp. and Two Sisters Resorts to quash the Town of Niagara-on-the-Lake’s notice of intention to designate all four properties of the Rand Estate.
This week Walters heard two days of arguments from both sides of the coin, reserving judgement at the end to review the submissions.
In her written judgement, she outlined four issues to determine: If the town’s application was premature, if the town failed to comply with the Ontario Heritage Act, are the notices vague and uncertain, and did the notice of intention comply with the town’s official plan.
Walter’s declined to use jurisdiction on prematurity, but said the application would still be dismissed based on the other three arguments.
On whether the town complied with the heritage act, Walters declined to use discretion, writing that decisions about the appropriateness of the notice should be determined by the Conservation Review Board.
To the vagueness issue, Walters argued she didn’t see how Solmar and Two Sisters could not understand their obligations under the heritage act. She said further disagreements on the issue should be also addressed by the review board.
To whether or not the town complied with its own official plan, she wrote that she cannot find a contravention of the planning act.
Both parties now have 30 days to determine how costs will be settled.
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