Rosebay Construction Inc. v. Grimsby (Town), 2021 CanLII 74773

ISSUE DATE: August 13, 2021

CASE NO(S).: MM200001

PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant: Rosebay Construction Inc.

Subject: Determination of the value of land

Property Address/Description: 10 Windward Dr.

Municipality: Town of Grimsby

OLT Case No.: MM200001

OLT File No.: MM200001

OLT Case Name: Rosebay Construction Inc. v. Grimsby (Town)

Heard: August 9, 2021 by Video Hearing (“VH”)

APPEARANCES:

Parties

Counsel

Rosebay Construction Inc. (“Appellant”)

R. Cheeseman/S. Fleming

Town of Grimsby (“Town”)

T. Halinski/A. Gajaria

MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON AUGUST 9, 2021 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This matter was set down by the Tribunal as a one day hearing (on the merits) concerning a contested cash-in-lieu of parkland payment.

2In the lead up to the hearing, the Tribunal received a Notice of Motion for Discovery from the Town, a Response by the Appellant, a draft Procedural Order (“PO”) and an indication that the parties would ask that the hearing event to be treated as a Case Management Conference (“CMC”), as had been indicated on the Tribunal’s website.

3For the reasons set out below, the Tribunal inquired of the parties with regard to instructions for Tribunal-led mediation, tabled the Town’s Motion, tabled consideration of the draft PO, gave a direction with regard to the draft PO, and set a second CMC for Tuesday, December 14, 2021.

DECISION

4The matter before the Tribunal concerns the appeal of the quantum of the cash-in-lieu payment in the amount of $4,287,591.44.

5While the Tribunal’s Notice of Hearing set the matter down for a one day hearing, the Tribunal’s website indicated that it was to be a CMC.

6Counsel had discussed this and had agreed to ask that the Tribunal proceed with the matter as a CMC and had so advised the Case Coordinator.

7As the sole issue in the appeal is the quantum of the cash-in-lieu payment, the Tribunal observed that it might be an appropriate matter for mediation and inquired of counsel if they had instructions for same. Both counsel indicated that they were prepared to seek such instructions from their clients, and during the course of the hearing, one party obtained such instructions.

8As it appeared that the parties would seek Tribunal-led mediation, the Tribunal tabled the Town’s Motion (which may be brought back on with 30 day notice), tabled the draft PO, and set a second CMC for Tuesday, December 14, 2021, commencing at 10 a.m. by VH.

[9] Parties 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/497885557

Access code: 497-885-557

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) 497-9391 or (Toll-Free) 1(888) 455-1389. The access code is 497-885-557.

12Individuals 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.

13At the second CMC, the Tribunal anticipates:

a. Receiving a status update from the parties with regard to mediation;

b. If the mediation is successful, the CMC may be converted to a settlement hearing; and

c. Depending on the result of the mediation, dealing with any motions, dealing with the draft PO, and possibly setting a hearing date.

14With regard to the draft PO, the Tribunal would direct that the hearing plan referenced in paragraph 15 of Exhibit 5 be amended to require the draft hearing plan 65 days in advance of the hearing so as to enable the Tribunal to make effective use of any unrequired hearing day(s).

15There will no further notice.

16I am not seized.

17This 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.