Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2022
CASE NO(S).: OLT-21-001705 (Formerly, DC190022)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: 2362302 Ontario Inc.
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.: OLT-21-001705
Legacy Case No.: DC190022
OLT Lead Case No.: OLT-21-001705
Legacy Lead Case 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: 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.: OLT-21-001717
Legacy Case No.: DC190023
OLT Lead Case No.: OLT-21-001705
Legacy Lead Case No.: DC190022
Heard: February 23, 2022 by Video Hearing ("VH")
APPEARANCES:
Parties
Counsel
City of Hamilton ("City")
M. Kovacevic
West End Home Builders' Association ("WEHBA")
R. Kehar
2362302 Ontario Inc. ("302")
A. Toumanians
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON FEBRUARY 23, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal, with two institutional appeals against the City’s Development Charges By-law settled, held a further Case Management Conference (“CMC”) with regard to the remaining outstanding appeals from WEHBA and 302.
2The Tribunal was provided with a status update on both matters.
3For the reasons set out below, the Tribunal set a further CMC for Tuesday, June 28, 2022.
DECISION
4Concerning the City’s 2019 Development Charges By-law, there had been appeals from Mohawk College, McMaster University, WEHBA, and 302.
5Settlements were reached for Mohawk College and McMaster University.
6The Tribunal had previously been advised that off-line discussions had been arranged for the City and WEHBA, and that the City and 302 were making progress toward a possible settlement of a 2014 Development Charges By-law matter, that might be of assistance in the resolution of this appeal.
WEHBA
7With regard to the discussions between the City and WEHBA, the Tribunal was advised that the off-line discussions had been fruitful and that both parties were to exchange further information. The City has provided its documentation, but unfortunately the consultant for WEHBA has been hospitalized for the last three weeks, and hence not in a position to forward the requested documentation.
8The Tribunal however was advised that with the exchange of documents, that there may be a settlement or in the alternative a scoped Issues List.
9In these circumstances, the parties requested a further CMC in the summer to enable the off-line discussions to continue.
302
10With regard to 302, the Tribunal was advised that the parties had settled 302’s 2014 Development Charges appeal, that there had been a very productive meeting of the parties’ consultants and that a second meeting was to be set once City staff had responded to a number of questions from 302’s consultants.
11With progress being made, a CMC in the summer was recommended.
12Accordingly, the Tribunal set a one-day CMC for Tuesday, June 28, 2022, commencing at 10 a.m. by VH.
13Parties 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/709076365
Access code: 709-076-365
14Parties 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
15Persons 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(888) 299-1889 or +1(647) 497-9373. The access code is 709-076-365 .
16Individuals 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.
17There will be no further notice.
18I am not seized.
19The Tribunal directs that should one or both of the outstanding appeals settle, that counsel provide the appropriate documentation to the Case Coordinator as soon as possible.
20In the event that one or both of the outstanding appeals should not settle, the Tribunal directs that the parties shall provide a revised draft Procedural Order and (hopefully) scoped Issues List to the Case Coordinator in order that a hearing date(s) might be set at the CMC.
21Scheduling permitting, I may be available for case management purposes.
22This 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