Ontario Land Tribunal / Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: October 28, 2021
CASE NO(S).: DC190022, OLT-21-001402
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: 1356715 Ontario Inc., et. al. v. Hamilton (City)
Subject: Development Charges By-law No. 19-141
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190022
OLT Case Name: 1356715 Ontario Inc., et al v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: 1356715 Ontario Inc., et. al. v. Hamilton (City)
Subject: Development Charges By-law No. 19-142
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190023
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: McMaster University
Subject: Development Charges By-law No. 21-102
Municipality: City of Hamilton
OLT Lead Case No.: OLT-21-001402
OLT Case No.: OLT-21-001402
OLT Case Name: McMaster University v. Hamilton (City)
Heard: September 3, 2021 by Video Hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Hamilton ("City") | A. Knudsen |
| McMaster University ("McMaster") | C. Campos |
| Mohawk College ("Mohawk") | S. Fung |
| West End Home Builders' Association ("WEHBA") | R. Kehar |
| 2362302 Ontario Inc. ("302") | J. Meader |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON OCTOBER 20, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held its fifth Case Management Conference ("CMC") for the purpose of hearing status updates concerning the various appeals.
2The Tribunal was advised that Tribunal-led mediation concerning the McMaster appeals had resulted in an agreement in principle and the parties were working out the details on McMaster's appeals against the 2019 Development Charges By-law and against a 2021 Development Charges By-law Amendment (which is the subject of OLT 21-001402).
3The Tribunal heard updates with regard to the WEHBA appeal and that of 302.
4As a result, the Tribunal set a CMC on the McMaster appeals for November 23, 2021 by VH for a potential settlement hearing.
5The Tribunal also set a further CMC for February 23, 2022 by VH all for the reasons set out below.
MCMASTER
6The parties advised that Tribunal-led mediation had resulted in a settlement in principle for both the appeal in DC 190022 and the appeal in OLT 21-001402. The Tribunal was further advised that some minor refinements were required, which the parties believe could be done within two weeks and they sought a consolidated settlement hearing.
7Accordingly, the Tribunal first consolidated the McMaster appeals in DC 190022 and OLT 21-001402.
8The Tribunal then set a CMC for a potential settlement hearing for Tuesday, November 23, 2021, commencing at 10 a.m. by VH.
9Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/111216653
Access code: 111-216-653
10Parties and 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
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1 (888) 299-1889. The access code is 111-216-653.
12For that CMC, the Tribunal directs that on or before November 16, 2021, the parties shall forward to the Case Coordinator (and copy Mohawk) the following: any Minutes of Settlement, any proposed draft by-law amendment(s), and an affidavit in support of the proposed settlement, which affiant shall also attend at the CMC.
13There will be no further notice.
14I am not seized.
WEHBA AND 302
15Counsel for WEHBA advised that since the last CMC, his client's consultants had met with the City team on two occasions, that they had agreed to provide additional materials to each other, and that pending the review of those materials, a third meeting was being contemplated, as there had been considerable progress.
16Thus, counsel for WEHBA requested, and the City agreed, that a further CMC be set for some time in February 2022 to allow the discussions between the parties to continue.
17Counsel for 302 also reported that significant progress had been made: not directly with the 2019 Development Charges ("DC") appeal but rather 302's 2014 DC appeal. She advised that the parties were working on Minutes of Settlement for the 2014 DC appeal that could positively impact the 2019 DC appeal. She also recommended a further CMC, to which the City agreed.
18The Tribunal set a further CMC for Wednesday, February 23, 2022, commencing at 10 a.m. by VH.
19Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/387079181
Access code: 387-079-181
20Parties and 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
21Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1 (888) 455-1389. The access code is 387-079-181.
22The Tribunal notes that in the event the parties are able to come to agreement, the CMC may be converted to a settlement hearing. Should that be the case, the Tribunal would anticipate receiving similar documentation supporting such a settlement to that set out above, at least one week prior to the CMC.
23There will be no further notice.
24I am not seized of the CMC.
VH PROTOCOL
25Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal's Case Coordinator having carriage of this case.
26Scheduling permitting, I may be available for case management purposes.
27This is the Order of the Tribunal.
"Blair S. Taylor"
BLAIR S. TAYLOR
MEMBER
Ontario Land Tribunal
Website: 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.