Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 16, 2021
CASE NO(S).: DC190022
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: 2362302 Ontario Inc.
Appellant: McMaster University
Appellant: Mohawk College
Appellant: West End Home Builders' Association (formerly Hamilton-Halton Home Builders Association)
Subject: Development Charges By-law No. 19-141
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190022
OLT Case Name: 2362302 Ontario Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: 2362302 Ontario Inc.
Appellant: McMaster University
Appellant: Mohawk College
Appellant: West End Home Builders' Association (formerly Hamilton-Halton Home Builders Association)
Subject: Development Charges By-law No. 19-142
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190023
Heard: July 7, 2021 by Video Hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Hamilton ("City") | M. Kovacevic/A. Knudsen |
| McMaster University ("McMaster") | R. Aburto/C. Campos |
| Mohawk College ("Mohawk") | S. Fung |
| West End Home Builders' Association ("WEHBA") | R. Kehar |
| 2352302 Ontario Inc. ("302") | J. Meader |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JULY 7, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held another Case Management Conference ("CMC") with regard to certain appeals against the City's Development Charges By-law.
2At the CMC, the Tribunal acknowledged receipt of two draft Procedural Orders, was provided with status updates concerning timing for Tribunal-led mediation on the McMaster appeal, a forthcoming off-line meeting between representatives of WEHBA and the City, and for 302, there was a settlement report going to City Council with regard to 302's appeal on the 2014 Development Charges By-law.
3For the reasons set out below, the Tribunal set a further CMC for Wednesday, October 20, 2021, at 10 a.m. by VH.
DECISION
4The Tribunal acknowledges that Mohawk, a party to these proceedings, will continue to monitor the appeals.
5The Tribunal received and marked as Exhibit 1 the draft Procedural Order and Issues List as it relates to the appeals of WEHBA and 302, and marked as Exhibit 2 the draft Procedural Order and Issues List as it relates to the McMaster appeal.
6The Tribunal was advised that McMaster and the City have dates for Tribunal-led mediation in August 2021 and on October 12, 2021.
7The Tribunal heard that WEHBA and the City with their consultants are scheduled to meet on Tuesday, July 13, 2021.
8With regard to 302, the Tribunal was informed that, while the City had not met with 302 on this appeal, there was a report proceeding to City Council in August, 2021 recommending a settlement on the 2014 Development Charges appeal (not part of these proceedings), which, if resolved, may also assist in this appeal.
9On the recommendation of the parties, the Tribunal set a CMC for Wednesday October 20, 2021 commencing at 10 a.m. by VH.
https://global.gotomeeting.com/join/849730429
Access code: 849-730-429
10Parties 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:
11Parties 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
12Persons 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 849-730-429.
13Individuals 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.
14In the event that the off-line discussions are not productive, counsel may be in contact with the Tribunal as it relates to the possible scheduling of a hearing date(s).
15There will be no further notice.
16I am not seized.
17Scheduling permitting, I may be available for case management purposes.
18This 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.