Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 10, 2021
CASE NO(S).: DC210002
PROCEEDING COMMENCED UNDER subsection 19(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Stafford Homes Ltd.
Subject: Development Charges By-law No. 55 - 2020
Municipality: Town of Ajax
OLT Case No.: DC210002
OLT File No.: DC210002
OLT Case Name: Stafford Homes Ltd v. Ajax (Town)
Heard: July 28, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Stafford Homes Ltd.
Jason Park
Town of Ajax
Christina Kapelos
Andrew Biggart (co-counsel, in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER ON JULY 28, 2021 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) in this Appeal under s. 19(1) of the Development Charges Act (“DCA”). The amendment under appeal is amending By-law No. 55-2020 amending the Municipal-Wide Development Charges By-law No. 50-2018 on December 14, 2020 under s. 2(1) of the DCA.
2Due to the nature of the DCA Appeal, there were no other persons or entities seeking status in this Appeal.
PROCEDURAL ORDER
3Prior to the CMC, the Town forwarded a draft Procedural Order to the Tribunal, which was jointly submitted by the Parties. Although the draft Procedural Order did not find its way to the Panel Member before the CMC, the revised draft was eventually received based upon the discussions with counsel regarding scheduling.
4The Tribunal held this Decision and Order and the draft of the Procedural Order was subsequently received and reviewed by the Tribunal. The Procedural Order now attached to this Decision and Order as Attachment 1 shall govern this proceeding.
MEDIATION AND SETTLEMENT
5In accordance with its mandate, the Tribunal inquired with respect to settlement or Tribunal-led mediation. The Tribunal is advised that the parties have had an ongoing dialogue with respect to a resolution of the issues, intend that to continue, and will, if considered appropriate, contact the Tribunal’s Strategic Resolution Advisor for the purposes of requesting and scheduling mediation.
HEARING
6The hearing will commence as a video hearing at 10 a.m. on Monday, August 29, 2022 and continue through that week and after the Labour Day weekend from Tuesday, September 6, 2022 to Thursday, September 8, 2022, for a total of 8 hearing days, as follows:
https://global.gotomeeting.com/join/335205301
Access Code: 335-205-301
7For the video hearing, all parties 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.
8Individuals are directed to connect to each of the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the video hearing 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.
9Observers and persons who experience technical difficulties accessing either of the video hearing events using 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 as indicated above.
10At this time the Tribunal, and the parties, are unable to determine whether the hearing of this matter can, or will, proceed as an in-person hearing at an appropriate venue or as a video hearing. For the time being the hearing will be presumed to be conducted as a video hearing but a final decision as to the form/venue of the hearing will be deferred. Notice shall issue by the Tribunal to the parties with particulars as to the venue or virtual platform connectivity, following the further status hearing/CMC to be conducted on set out below.
PRE-HEARING STATUS HEARING/CMC
11Unless resolved through settlement or mediation beforehand, a pre-hearing status hearing/CMC shall be conducted by telephone conference call commencing at 9 a.m. on Friday, July 8, 2022.
12Parties are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13Not less than one week prior to the scheduled CMC on July 8, 2022, the parties shall determine whether any scheduled days for the hearing may be withdrawn from the calendar. The parties will also consult to determine whether the request will be made to the Tribunal for an in-person hearing or a virtual hearing by video. If an in-person hearing is proposed, the parties will be prepared, at the CMC, to provide complete details with respect to the proposed venue including all information as may be required at that time to ensure that the in-person hearing can be conducted safely, and in compliance with all applicable Provincial and local regulations, orders or directives relating to the Covid-19 pandemic, should its impact upon gatherings and risks of health then continue to be of concern. The Presiding Member at the CMC will determine the appropriate method of hearing based upon the information provided by the parties, and notice will subsequently be provided.
14The Panel Member is not seized, and there will be no further notice with respect to the hearing or the CMC.
15The Tribunal so orders and provides these CMC directives for the purposes of the case management of this Appeal.
“David L. Lanthier”
DAVID L. LANTHIER
VICE-CHAIR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448