Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 27, 2022

CASE NO(S).: OLT-22-002315

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: North Leslie Landowners’ Group Inc.

Subject: Development Charges By-law No. 42-19

Municipality: City of Richmond Hill

OLT Case No.: OLT-22-002315

Legacy Case No.: DC190027

OLT Lead Case No.: OLT-22-002315

Legacy Lead Case No.: DC190027

OLT Case Name: North Leslie Landowners’ Group Inc. v. Richmond Hill (City)

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: North Leslie Landowners’ Group Inc.

Subject: Development Charges By-law No. 44-19

Municipality: City of Richmond Hill

OLT Case No.: OLT-22-002315

Legacy Case No.: DC190027

OLT Lead Case No.: OLT-22-002316

Legacy Lead Case No.: DC190028

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: North Leslie Landowners’ Group Inc.

Appellant: North-East Leslie Landowners Group Inc.

Subject: Development Charges By-law No. 47-19

Municipality: City of Richmond Hill

OLT Case No.: OLT-22-002315

Legacy Case No.: DC190027

OLT Lead Case No.: OLT-22-002317

Legacy Lead Case No.: DC190029

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: North Leslie Landowners’ Group Inc.

Subject: Development Charges By-law No. 34-21

Municipality: City of Richmond Hill

OLT Case No.: OLT-21-001304

OLT File No.: OLT-21-001304

OLT Case Name: North Leslie Landowners’ Group Inc.

Heard: April 13, 2022 by video hearing

APPEARANCES:

Parties

Counsel

City of Richmond Hill

Jennifer Meader Meredith Baker (in absentia)

North Leslie Landowners’ Group Inc.

Michael Melling Susan Rosenthal (in absentia) Samantha Lampert

North-East Leslie Landowners Group Inc.

Paul DeMelo

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON APRIL 13, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened the first Case Management Conference (“CMC”) with respect of the appeals against the City of Richmond Hill (“City”) Development Charge (“DC”) By-law No. 42-19 (Tribunal file number OLT-22-002315) and DC By-law No. 34-21 (Tribunal file number OLT-21-001304). The Appellants in this proceeding are:

a. the North Leslie Landowners’ Group Inc. (“NLLOG”) which has lodged appeals against four DC By-laws being: City-wide DC By-laws Nos. 47-19 and 34-21 and Area Specific DC By-laws Nos. 42-19 – North Leslie West Development Area and 44-19 – West Gormley Development Area: and

b. the North-East Leslie Landowners’ Group Inc. (“NELLOG”) has lodged one appeal against the City-wide DC By-law No. 47-19.

2There are three parties of record in this matter. No additional parties requested standing at this CMC. There are no requests for participant status.

3The Tribunal served notice on February 28, 2022. There is no further notice required.

4Counsel for the City, Ms. Meader, provided background for the benefit of the Tribunal. A draft Procedural Order (“PO”) was recently circulated to the Tribunal on consent of all parties. Ms. Meader noted that the matters described in the PO are reasonably straight forward and the issues of all parties have been combined and are well described.

5The parties estimate a total of 14 witnesses will be called at a Merits Hearing City – four, NLLOG – four and NELLOG – 3. It is therefore appropriate to schedule a 13 day merits hearing.

6All parties consented to the draft Issues List as being a complete and a fair representation of the issues to be explored at the hearing and the order of evidence is proper. The Parties are of the opinion that the draft PO is appropriate to govern the Merits Hearing and requested it be scheduled. The Tribunal agrees. Ms. Meader will finalize the PO, circulate it to all parties and submit to the Tribunal to be attached to this decision as Attachment 1.

7Ms. Meader submitted a request for the Tribunal to convene a one day Motion Hearing to deal with a jurisdictional issue relating to the NLLOG appeal against DC By-law No. 34-21. She noted that both parties continue to be in discussion with respect to this issue but have yet to find consensus. Mr. Melling, Counsel for the NLLOG, noted that his client will continue to work with the City to find resolution but does agree it is appropriate for the Tribunal to schedule a date to hear the motion with respect to the Tribunal’s jurisdiction.

8The Tribunal finds that it is appropriate to schedule a one day motion hearing. All submissions and motion material will be in keeping with Rule 10 - Motions – Ontario Land Tribunal Rules of Practice and Procedures. The City is the moving party and the NLLOG is the responding party.

9The parties are canvassed to determine if there is a benefit for Tribunal-led mediation to assist in this matter. The Tribunal is advised that there have been extensive, frank, and open discussions, which will continue, but parties do not see the benefit of mediation at this time.

10All parties in their submissions suggested that the two proceedings before the Tribunal (0LT-22-002315 and OLT-21-001304) are appropriately consolidated in keeping with Rule 16 - Consolidation – Ontario Land Tribunal Rules of Practice and Procedures. The Tribunal agrees.

11In summary, all parties agreed with the approach outlined by Ms. Meader and described in this decision.

12The Tribunal will schedule a one day motion hearing on Thursday, June 30, 2022 and a 13 day Merits Hearing to commence on Tuesday, April 18, 2023.

HEARING TECHNICAL DETAILS

13A motion hearing will convene on Thursday, June 30, 2022, by video hearing at 10 a.m.

14A hearing of the Merits is scheduled for 13 days commencing on Tuesday, April 18, 2023, by video hearing at 10 a.m.

15The hearings are scheduled to proceed by video as follows:

Thursday, June 30, 2022 at 10 a.m. (one day) GoTo Meeting: https://global.gotomeeting.com/join/719383509

Access code: 719-383-509 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889 Audio-only access code: 719-383-509

Tuesday, April 18, 2023 to Thursday May 4, 2023 at 10 a.m. (13 days) GoTo Meeting: https://global.gotomeeting.com/join/519389173 Access code: 519-389-173 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889 Audio-only access code: 519-389-173

16Parties 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

17Persons 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.

18Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.

19Accordingly, the Tribunal Orders.

20THAT a one day Motion Hearing will convene on Thursday, June 30, 2022.

21THAT a Merits Hearing is fixed for 13 days commencing on Tuesday, April 18, 2023 to Thursday, May 4, 2023.

22THAT a Notice of Motion with respect to the Tribunals jurisdiction be brought forward by the City of Richmond Hill as the Moving Party in keeping with Rule 10 - Motions – Ontario Land Tribunal Rules of Practice and Procedures.

23THAT the two proceedings before the Tribunal being File Nos. 0LT-22-002315 and OLT-21-001304 are consolidated in keeping with Rule 16 - Consolidation – Ontario Land Tribunal Rules of Practice and Procedures.

24THAT the Procedural Order found in Attachment 1 comes into full force and effect.

25In the event of any issues arising from the CMC, the Panel Member may be spoken to.

26No further notice is required.

27The Panel is not seized.

“Bryan W. Tuckey”

BRYAN W. TUCKEY

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.

Ontario Land Tribunal

Procedural Order

ATTACHMENT 1

ISSUE DATE: April 27, 2022 CASE NOS. OLT-22-002315 & OLT-21-001304

PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended

Appellant: North Leslie Landowners’ Group Inc.

Subject: Development Charges By-law No. 42-19

Municipality: City of Richmond Hill

OLT Case No.: OLT-22-002315 (formerly OLT Case No. DC190027)

OLT File No.: OLT-22-002315 (formerly OLT File No. DC190027)

OLT Case Name: North Lesli Landowners’ Group Inc. v. Richmond Hill (City)

PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended

Appellant: North Leslie Landowners’ Group Inc.

Subject: Development Charges By-law No. 44-19

Municipality: City of Richmond Hill

OLT Case No.: OLT-22-002315 (formerly OLT Case No. DC190027)

OLT File No.: OLT-22-002316 (formerly OLT File No. DC190028)

PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended

Appellant: North Leslie Landowners’ Group Inc.

Appellant: North-East Leslie Landowners Group Inc.

Subject: Development Charges By-law No. 47-19

Municipality: City of Richmond Hill

OLT Case No.: OLT-22-002315 (formerly OLT Case No. DC190027)

OLT File No.: OLT-22-002317 (formerly OLT File No. DC190029)

PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended

Appellant: North Leslie Landowners’ Group Inc.

Subject: Development Charges By-law No. 34-21

Municipality: City of Richmond Hill

OLT Case No.: OLT-22-001304

OLT File No.: OLT-22-001304

OLT Case Name: North Leslie Landowners’ Group Inc.

The Tribunal orders that:

1. The Tribunal may vary or add to this Order at any time either on request or as it sees fit. It may amend this Order by an oral ruling or by another written Order.

Organization of the Hearing

2. The video hearing will commence on April 18th, 2023 at 10:00am at through video link https://global.gotomeeting.com/join/519389173

3. The length of the hearing will be 13 days. The length of the hearing may be shortened as issues are resolved or settlement is achieved.

4. The parties are listed in Attachment 1 to this Order. All parties shall attend the first day of the hearing. All parties (or their representatives) shall provide a mailing address, email address, and telephone number to the Tribunal. Any such person who retains a representative (legal counselor agent) subsequent to the case management conference must advise the other parties and the Tribunal of the representative's name, mailing address, email address and phone number.

5. The issues are set out in the Issues List attached as Attachment 2. Except for scoping or removing issues, there will be no changes to this list unless the Tribunal permits it. A party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as listed in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence-in-chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent or by Order of the Tribunal.

Requirements Before the Hearing

7. All parties (or their representatives) shall provide a mailing address, email address, and telephone number to the Tribunal. Any such person who retains a representative (legal counsel or agent) subsequent to the prehearing conference must advise the other parties and the Tribunal of the representative’s name, mailing address, email address and phone number.

8. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, the other parties and to the City Clerk a list of the witnesses and the order in which they will be called. This list must be delivered by December 19, 2022. For expert witnesses, a party is to include a copy of the curriculum vitae and the area of expertise in which the witness is proposed to be qualified.

9. Expert witnesses in the same field shall have a meeting on or before January 9, 2023 to try to resolve or reduce the issues for the hearing. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties and the municipal Clerk on or before January 18, 2023.

10. An expert witness shall prepare an Expert Witness Statement that shall include: an acknowledgement of expert’s duty form, the area(s) of expertise, any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in item 13 below. Instead of an Expert Witness Statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

11. A witness must provide to the Tribunal, the municipal Clerk and the parties a Witness Statement by February 17, 2023 or the witness may not give oral evidence at the hearing.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an Expert Witness Statement; but the party calling them must file a brief outline of the expert’s evidence and his or her area of expertise, as in item 13 below.

13. On or before February 17, 2023, the parties shall provide copies of their Witness and/or Expert Witness Statements to the other parties. A paper copy of any document proposed to be entered into evidence or relied upon shall be provided at the hearing unless ordered otherwise by the presiding Member.

14. On or before March 20, 2023, the parties shall provide copies of Reply Witness Statements, if any, to the other parties and the municipal Clerk.

15. On or before April 3, 2023, the parties shall provide copies of their visual evidence to all of the other parties. If a model is proposed to be used the Tribunal must be notified before the hearing. All parties must have a reasonable opportunity to view it before the hearing.

16. The parties shall cooperate to prepare a joint document book which shall be shared with the Tribunal case co-ordinator on or before April 7, 2023.

17. A person wishing to change written evidence, including witness statements, after witness statements and reply witness statements have been filed must make a written motion to the Tribunal in accordance with the Tribunal’s Rules 34 to 38.

18. A party who provides the written evidence of a witness to the other parties must have that witness attend the hearing to give oral evidence, unless the Tribunal and the parties are notified at least 7 days before the hearing that the written evidence is not part of their record.

19. The parties shall prepare and file a hearing plan with the Tribunal on or before February 13, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

20. Documents may be delivered by personal delivery, facsimile or registered or certified mail or email, or otherwise as the Tribunal may direct. The delivery of documents by fax and email shall be governed by the Tribunal’s Rules (Rule 7) on this subject. Material delivered by mail shall be deemed to have been received five business days after the date of registration or certification.

21. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rules apply to such requests.

22. A summary of the various filing dates is contained in Attachment 4.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

Parties

1. City of Richmond Hill

Turkstra Mazza Associates 15 Bold Street Hamilton, ON L8P 1T3

Jennifer Meader Tel: 905.529.3476 Email: jmeader@tmalaw.ca

Meredith Baker Tel: 905.529.3476 Email: mbaker@tmalaw.ca

2. North Leslie Landowners’ Group Inc.

Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, ON M5V 3C1

Susan Rosenthal Tel: 416.263.4518 Email: susanr@davieshowe.com

Samantha Lampert Tel: 416.263.4521 Email: samanthal@davieshowe.com

3. North-East Leslie Landowners Group Inc.

Kagan Shastri LLP 188 Avenue Road Toronto, ON M5R 2J1

Paul DeMelo Tel: 416.368.2100 ext. 228 Email: pdemelo@ksllp.ca

ATTACHMENT 2

Issues List

1. With respect to Issues 2 to 5 below, have the development charges imposed by By-laws 47-19 (as amended by By-law 34-21), 42-19, 44-19 (collectively, the “By-laws”) been calculated using a methodology that is reasonable, fair and in compliance with the requirements of the Development Charges Act, 1997 (the “DCA”) and Regulations thereunder?

2. Should Capital Project 50 – Harris Avenue Urbanization and Project 41 – Local Street be characterized as local service improvements, and therefore, not eligible for development charges under the DCA and Regulations thereunder?

3. Are the following capital projects (collectively, the “AS Capital Projects”) incorporated in By-law 47-19 appropriately identified and permitted by the DCA and Regulations thereunder as attributable to anticipated development on a City-wide basis:

(a) Project 39 – Water Distribution;

(b) Project 40 – Yonge Street Water Main;

(c) Project 41 – Local Street, west of Yonge Street between Garden Avenue and Carrville Road (“Local Street”);

(d) Project 48 – Sanitary Collection Network – Urban Master Environmental Servicing Plan;

(e) Project 49 – Flood Remediation; and,

(f) Project 50 – Harris Avenue Urbanization?

4. Are the projects identified as the UMESP (Project 48) and Flood Remediation (Project 49) in By-law 47-19 eligible for recovery under the DCA and Regulations? Do these projects properly represent capital costs required to be incurred because of increased needs for services arising from development? Do these projects result in increased availability of land for development that previously would not have been available for development? Should these projects be characterized as local service improvements benefitting specific lands, and therefore not eligible for development under the DCA and Regulations thereunder?

5. To the extent that the answers to Issues 2, 3 and 4 are yes, are the Benefit-to-Existing and Post-Period Benefit of these projects sufficient, and have they been adequately justified?

ATTACHMENT 3

Order of Evidence

1. City of Richmond Hill

2. North Leslie Landowners’ Group Inc.

3. North-East Leslie Landowners Group Inc.

4. City of Richmond Hill in Reply

ATTACHMENT 4

Summary of Filing Dates

EVENT

DATE

2nd Case Management Conference

TBD

Lists of Witnesses

December 19, 2022

Expert Witness Meetings

January 9, 2023

Agreed Statements of Facts

January 18, 2023

Hearing Plan

February 13, 2023

Witness and Expert Witness Statements

February 17, 2023

Reply Witness Statements

March 20, 2023

Visual Evidence

April 3, 2023

Joint Document Book

April 7, 2023

LPAT hearing commences

April 18, 2023