Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 01, 2021
CASE NO(S).: DC200011
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Ali Mohammad
Subject: DC By-law 012-2020
Municipality: City of Brockville
LPAT Case No.: DC200011
LPAT File No.: DC200011
LPAT Case Name: Mohammad v. Brockville (City)
Heard: May 4, 2021 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Ali Mohammad | Self-represented |
| City of Brockville | John Simpson* |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. TUCCI ON MAY 4, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal (the “Tribunal”) was with respect to an appeal against the City of Brockville By-law No. 012-2020, being a by-law to establish Development Charges for the Corporation of the City of Brockville (“City”). Ali Mohammad (the “Appellant”)’s appeal stems from the refusal of the City to receive pre-payment of development charges on a 33 townhouse subdivision development in the City.
2The Appellant claims that the feasibility of their project was based on the existing development charges prior to the adoption by Council of the new By-law No. 012-2020. The Appellant informed the Tribunal that the change in development charges is from $381.06 to $2,808.00 per unit, equating to 735% increase per unit.
3On July 22, 2014, the City passed By-law No. 062-2014, under s. 2(1) of the Development Charges Act, 1997, c. 27, (“Act”) to establish development charges upon lands within the boundaries of the City. By-Law No. 062-2014 expired on July 23, 2019, as per the five-year period addressed under s. 9(1) of the Act. The City initiated the public process to consider adoption of a new Development Charge By-law to replace the previous By-law.
4The new Development Charge By-law No. 012-2020 was adopted by Council on February 11, 2020.
5The purpose of the Case Management Conference was to receive status updates from both parties to organize the hearing of these appeals.
6The Appellant informed the Tribunal that he will seek and hire a counsel for representation. Both the Appellant and City Counsel informed the Tribunal they foresee a hearing of one (1) day.
7The Tribunal hereby schedules a video conference hearing of this appeal on Tuesday, August 3, 2021, commencing at 10 a.m. One (1) day has been set aside.
https://global.gotomeeting.com/join/846298229
Access Code: 846-298-229
8Parties 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.
9Parties 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
10Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The access code is 846-298-229.
11Individuals 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12No further notice will be given.
13The Member is not seized.
14So Orders the Tribunal.
“C. Tucci”
C. TUCCI
MEMBER
Ontario Land Tribunal
Website: www.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.