Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 22, 2021
CASE NO(S).: DC180020
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Durham Region Home Builders’ Association
Subject: Development Charges By-law No. By-law 50-2018
Municipality: Town of Ajax
OLT Case No.: DC180020
OLT File No.: DC180020
OLT Case Name: Durham Home Builders’ Association v. Ajax (Town)
Heard: December 17, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
Durham Region Home Builders’ Association (“Association”)
Jennifer Meader
Town of Ajax (“Town”)
Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON DECMEBER 17, 2021 AND ORDER OF THE TRIBUNAL
Background
1This hearing event, which extended over two Telephone Conference Calls (“TCC”), was convened by the Tribunal to assist in scheduling issues arising between the Parties in relation to a proposed Motion to be brought by the Association to strike portions of the Town’s Reply Witness Statements.
2The Parties agreed that a decision on the Motion must be delivered before the hearing on the merits since the outcome is crucial to the issues and conduct of the hearing.
3Where the Parties could not agree, was with respect to the form of the hearing relative to the ability of the Tribunal to schedule the Motion near year end and ensure a decision was issued prior to the scheduled start of the hearing on February 7, 2021. The limited availability in the Tribunal’s calendar, and the respective schedules of counsel, created difficulty in scheduling an oral hearing for the Motion. The Association was content with an oral hearing if it could be scheduled within the required timelines, and if not, requested a written hearing. The Town took the position that only an oral hearing was reasonable for the reasons set out in the submissions to the Tribunal.
4Attempts were made to schedule an oral hearing prior to this hearing event, and the Parties were first advised that only a written hearing was possible if a decision was to be delivered in time for the February 7, 2022 hearing. The Tribunal, by email directed that counsel work out timelines for the submission of materials, taking into account the interceding holidays, and unavailability of counsel. They were not able to agree and this TCC was accordingly scheduled.
Disposition
5After hearing the respective submissions of counsel, considering the various logistical factors involved, it is clear to the Panel that scheduling the Motion before Monday, February 7, 2022 with sufficient time for the delivery of the materials and the timely delivery of the decision in advance of the start of the hearing, is an impossibility. Upon the submissions of counsel, without delving in the merits of the issues, it is also acknowledged that the decision on the Association’s Motion could very well have some significant impact upon the issues for the hearing on the merits.
6Options were discussed for dates on the first of the two TCCs, and counsel were directed to ensure that there were no conflicts with witnesses on the optional dates, and to work out an agreeable schedule for the delivery of motion materials for an oral hearing on the first day of the week set aside for the hearing, and now postponed. The TCC was reconvened on this second day and what follows are the revised procedural and case management directives for the hearing of the Motion and the Appeal.
MOTION
7The Tribunal will hear the proposed Motion to be brought by the Association commencing at 10 a.m. on Monday, February 7, 2022.
8The filing of materials for the Motion shall occur upon the following timelines:
(a) The Association, as the moving party, shall serve and file the Motion Material under the Rules on or before Friday, January 7, 2022;
(b) The Town shall serve and file its Notice of Response to Motion on or before Wednesday, January 26, 2022;
(c) The Association may serve and file any Reply Submission on or before Wednesday, February 2, 2022.
HEARING
9The five-day hearing of this matter, which was scheduled to commence on Monday, February 7, 2022, is now to be heard commencing at 10 a.m. on Tuesday, April 19, 2022, and continuing to the following week on Monday, April 25, 2022.
10The hearings are scheduled to proceed by video as follows: Monday, February 7, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/561405093 Access code: 561-405-093 Audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 561-405-093 Tuesday, April 19, 2022 to Friday, April 25, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/205982645 Access code: 205-982-645 Audio-only line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 205-982-645
11Parties are asked to log into the video hearings at least 15 minutes before the start of the event to test their video and audio connections.
12Parties 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
13Persons 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.
14Individuals 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 hearings by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
OTHER
15There will be no further notice with respect to each of the two hearing events, and the Panel Member is not seized on the Motion or the hearing.
16The Tribunal so orders and provides these Case Management Conference directives for the purposes of the case management of this Appeal.
“David L. Lanthier”
DAVID L. LANTHIER
VICE-CHAIR
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.