Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 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: December 14, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Rosebay Construction Inc. (“Appellant”) | Russell Cheeseman Stephanie Fleming |
| Town of Grimsby (“Town”) | Tom Halinski Ajay Gajaria |
MEMORANDUM OF ORAL DECISION BY C. HARDY ON DECEMBER 14, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) with respect to the appeal filed by the Appellant concerning the contested quantum of a cash-in-lieu of parkland payment for the property located at 10 Windward Drive, Grimsby (“Subject Property”).
2The Tribunal held this CMC to obtain a status update from the Parties, set a date for a Motion for Discovery and set a date for a hearing of the appeal.
PROGRESS UPDATE
3The Tribunal was advised by the Parties that Tribunal-led mediation was ongoing but had not been successful to date.
4The Appellant noted that the cash-in-lieu payment was made two (2) years ago. The Appellant expressed concern that a long period of time has elapsed since payment was made to the Town and as such they would like a hearing date scheduled during this CMC.
5The Town agreed that a hearing date could be scheduled at this CMC. The Town noted that they were bringing a Motion for Discovery (“Motion”) and that Decision would need to be issued in advance of a hearing so the Parties could adhere to the timeline in the Procedural Order that would eventually be submitted to the Tribunal for review.
WRITTEN MOTION
6The Town brought the Motion prior to the first CMC which was held on August 9, 2021. The Motion was tabled as the Parties indicated that they would be seeking Tribunal-led mediation.
7Prior to this CMC, the Town notified the Tribunal that they would like to request a date to hear the Motion. The Tribunal noted that its calendar is very full and that this type of Motion may best be conducted in writing. The Town was agreeable to setting the Motion down for an oral or written hearing. The Appellant preferred an oral hearing of the Motion.
8For efficiency, the Tribunal is proceeding by way of written submissions rather than an appearance for the Motion. The Tribunal advised that pursuant to Rule 10.3 of the Rules of Practice and Procedure, the Town would have 15 days to file its Motion after the Decision for this CMC was issued. The Appellant’s Response would be due seven (7) days following the Town’s submissions and the Town would have three (3) days to file a Response.
HEARING DATE
9Based upon discussions that the Parties have engaged in leading up to this CMC, the Parties requested that the Tribunal fix a hearing for four days.
10Accordingly, the hearing of the appeal will be fixed for a four-day period starting at 10 a.m. on Tuesday, July 5, 2022 by Video Conference Call, as follows:
11Parties 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:
https://global.gotomeeting.com/join/729481885
Access code: 729-481-885
12Parties 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
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: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 729-481-885.
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 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.
PROCEDURAL ORDER
15The Parties agreed that a draft Procedural Order would be circulated following the Decision on the Motion. The Parties did not anticipate any issues with preparing a draft Procedural Order since the sole issue in this appeal is narrow.
16Counsel for the Appellant was tasked with circulating the draft Procedural Order to the Parties and filing the draft Procedural Order on consent with the Tribunal.
DECISION
17The Tribunal directs that the Motion for Discovery brought by the Town of Grimsby will take place in writing.
18The hearing for this matter is scheduled to proceed by video hearing commencing on Tuesday, July 5, 2022 for four days.
19The Tribunal directs that the Appellant will provide a final draft Procedural Order to the Tribunal on consent following the issuing of the Decision on the Motion.
20There will be no further notice.
21The Panel Member is not seized.
22This is the Order of the Tribunal.
“C. Hardy”
C. HARDY 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.