Updates

In a series of developments over the last few days, the Marotta group has (1) Withdrawn their appeals to the Local Planning Appeal Tribunal (LPAT) of the Town’s “non-decision” on their hotel/convention centre application; (2) Withdrawn their appeals to the Conservation Review Board (CRB) of the previous Council’s notices of intention to designate 144 and 176 John Street East under the Ontario Heritage Act in August of 2018; and (3) Put a for sale sign on 144/176 John Street.

On Sept. 8, the Local Planning Appeal Tribunal (LPAT) adjourned the proceedings until April 2021, to allow the subdivision application recently filed with the Town to be appealed to LPAT and consolidated with the Marotta hotel/convention centre application.

Local Planning Appeal Tribunal (LPAT) have given notice of a Case Management Conference (CMC) for TUESDAY, SEPTEMBER 8 AT 10 AM by video, not in person.

The lawyers for both SORE and the Town recently filed their responding factums with the Court of Appeal in the Marotta group’s ongoing effort to overturn the previous Council’s decision to initiate the heritage designation process of the Rand Estate in August of 2018.

The court application by the Marotta companies to overturn your elected Council’s decision to proceed with designation of the Rand Estate under the Ontario Heritage Act has been completely rejected. In a decision by the Ontario Superior Court, Madame Justice Walters found against the Marotta group on every ground and dismissed their application with costs payable to both the Town and to SORE.

The hearing by Madame Justice Walters of the challenge by the Marotta group to your Council’s notice of intent to designate the Rand Estate under the Heritage Act concluded late Tuesday afternoon, Jan. 7, in St. Catharines.  The hearing took place over two days, with the Marotta group lawyer taking the full first day and the […]

In response to some questions on our earlier update, the court hearing will resume tomorrow morning (Tuesday, Jan. 7) at 10 am. The Town’s lawyers will be making their submissions then.  SORE expects that the Town’s lawyers will take the morning session and that SORE’s lawyers will have their turn immediately after lunch.  So if you’re able […]

SORE reminds our supporters and interested residents that the court challenge initiated by Benny Marotta’s companies of your Council’s decision to designate the Rand Estate under the Heritage Act is finally set for a hearing in the week of January 6.  We‎ expect to be able to confirm the exact day on Friday, January 3. […]

As reported on in our last update, the Conservation Review Board (CRB) held a prehearing conference on Monday, December 2.  The CRB heard submissions from the Town and SORE that the uncertainty about the Marotta group’s challenges to the Town’s  designation of the Rand Estate under the Heritage Act has dragged on long enough and […]

The Conservation Review Board (CRB) has advised the Town, Benny Marotta’s companies and SORE that it is ready to schedule a hearing.  Mr. Marotta’s companies appealed the Town’s decision in August of 2018 to designate the Rand Estate under the Heritage Act to the CRB.  Our supporters will recall that SORE was awarded party status by […]

Regrettably, it now appears that the hearing on Benny Marotta’s court challenge to the Town’s efforts to have the Rand Estate designated under the Ontario Heritage Act will be further delayed.   We are now expecting the hearing to occur during the week of January ‎6th, 2020.   We will be looking for your attendance […]

SORE confirms that the Marotta LPAT hearing scheduled for Monday, July 29, has been cancelled. Mr. Marotta has withdrawn his appeal and LPAT will be closing its file.  ‎SORE and the Town may seek costs from the Marotta group for wasting our (and your) money on this appeal.   Benny Marotta and his representatives have […]

In a not entirely surprising move, Benny Marotta’s lawyer advised the Local Planning Appeal Tribunal late yesterday that he was withdrawing the Marotta group’s zoning appeal to LPAT.  LPAT has cancelled the July 29 scheduled hearing, at which the Town and SORE were poised to ask the Tribunal to set the appeal down for a […]

SORE supporters and all residents are reminded that the Local Planning Appeal Tribunal (LPAT) will reconvene at 10 am on Monday, July 29, in the NOTL Community Centre. In May, LPAT granted SORE full party status in this appeal and granted a brief adjournment to July 29 to allow for a decision in an unrelated court case that would provide guidance on the conduct of the appeal.

SORE has learned that the Town has recently laid four charges against two of Benny Marotta’s companies under the Ontario Heritage Act. These are quasi-criminal charges under our legal system and can result in substantial fines for corporations and jail time for individuals upon conviction.

SORE was granted party status by the Local Planning Appeal Tribunal (LPAT) on May 9 for Benny Marotta’s appeal to that Tribunal.