Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2022
CASE NO(S).: OLT-22-002520 (Formerly DC130026)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Tapscott Birch Properties Inc.
Appellant: Humber Bay Landowners Group Inc.
Appellant: Rosedale Developments Inc.
Appellant: Gerrard-Clonmore Developments Ltd.
Subject: Development Charges By-law No. 1347-2013
Municipality: City of Toronto
OLT Case No.: OLT-22-002520
Legacy Case No.: DC130026
OLT Lead Case No.: OLT-22-002520
Legacy Lead Case No.: DC130026
OLT Case Name: Gerrard-Clonmore Developments Ltd. v. Toronto (City)
Heard: May 10, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Humber Bay Landowners Group Inc., Rosedale Development Inc., and Gerrard-Clonmore Developments Inc.
John Alati
Jamie Cole
City of Toronto
Robert Robinson
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS AND P. TOMILIN ON MAY 10, 2022 AND ORDER OF THE TRIBUNAL
1This was a Case Management Conference (“CMC”) regarding appeals by Humber Bay Landowners Group Inc., Rosedale Development Inc., and Gerrard-Clonmore Developments Inc. (the “Appellants”) from the passing of the City of Toronto (“City”) Development Charge By-law No. 1347-2013 (“By-law 1347-2013”).
2The City collects development charges for new construction to pay a portion of net municipal growth-related capital costs. By-law 1347-2013 was enacted in October 2013, and was the subject of six appeals, and subsequently rescinded. Four of these have been withdrawn or are otherwise resolved.
3Mr. Alati informed the Tribunal that of the two remaining appeals, the appeal by Gerrard-Clonmore Development Ltd. has essentially been resolved, and is expected to be withdrawn once the settlement agreement has been executed. The formalization of the settlement agreement is expected to occur in the very near future, after which he will provide formal notice to the Tribunal of the withdrawal of the appeal.
4The only remaining appeal, the appeal by the Humber Bay Landowners Group Inc. (the “Group”), has not been resolved to this point. The Group is an incorporated entity comprised of landowners that are a part of the Humber Bay Shores Precinct Plan Area which is the subject of various applications for residential development by landowners in the Group. The Group is seeking Development Charge Credits and is engaged in civil litigation involving section 20.1 complaints.
5Mr. Alati advised that the outcome of the civil litigation will determine whether a hearing will be required, or otherwise, the remaining appeal by the Group will be withdrawn.
6Mr. Robinson informed the Tribunal that the City takes the position that the (remaining) appeal should be dismissed, and requested that the Tribunal do so.
7The Tribunal did not accede to this request, rather, instructed the City to properly bring a Motion if it wished to pursue dismissal of the appeal. Mr. Robinson confirmed to the Tribunal that the City would not be bringing a Motion to Dismiss.
8Accordingly, once the outcome of the court decision is known Mr. Alati is to notify the Tribunal through the Case Coordinator of the withdrawal of the appeal, or otherwise, to request that a CMC be scheduled.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
“P. Tomilin”
P. TOMILIN
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.