Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2022
CASE NO(S).: OLT-21-001832 OLT-21-001155
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Cachet Developments (Mt. Pleasant) Inc. Appellant: Losani Homes (1998) Ltd. Subject: Development Charges By-law No. 210-2021 Municipality: City of Brantford OLT Case No.: OLT-21-001832 OLT Lead Case No.: OLT-21-001832 OLT Case Name: Cachet Developments (Mt. Pleasant) Inc. v. Brantford (City)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Cachet Developments (Mt. Pleasant) Inc. Subject: Development Charges By-law No. 103-2021 Municipality: City of Brantford OLT Case No.: OLT-21-001155 OLT Lead Case No.: OLT-21-001155 OLT Case Name: Cachet Developments (Mt. Pleasant) Inc. v. Brantford (City)
Heard: July 7, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Cachet Developments (Mt. Pleasant) Inc. | Marisa Keating |
| Losani Homes (1998) Ltd. | Jennifer Meader |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 7, 2022 AND ORDER OF THE TRIBUNAL
1In 2021, the City of Brantford (“City”) passed two by-laws pursuant to the Development Charges Act, initially, By-law No. 103-2021 being an Area Specific Development Charges By-law for the Northern Settlement Expansion Area Lands and Tutela Heights Settlement Area, and subsequently, By-law No. 210-2021 a City-Wide Development Charges By-law, which also explicitly amends and repeals By-law No. 103-2021.
2Both By-laws have been appealed to the Tribunal.
3Cachet Developments (Mt. Pleasant) Inc. (“Cachet”) is an Appellant to both By-law Nos. 103-2021 and 210-2021.
4Losani Homes (1998) Ltd. (“Losani”) is an Appellant to By-law No. 103-2021.
5There were no requests for Party status in response to the notice of hearing. Counsel for Losani did, however, advise the Tribunal and other Parties, that subject to the outcome of the determination as to whether the two appeals would be consolidated, or heard together, Losani would seek Party status in the appeal of By-law No. 103-2021.
6While a draft Procedural Order (“PO”) and Issues list was submitted in compliance with the directions in the notice for the proceeding, the Parties agreed that the issues were not perfected, could be honed through constructive discussion and informal mediation, and that a full discussion of whether to request the Tribunal to consolidate hearing the appeals together, had not yet been fully discussed amongst the Parties.
7The Parties agreed that informal mediation was time effective in the appeals of Development Charges By-laws and collectively concurred with the urgings of the Tribunal to bring the potential witnesses together before finalizing the Issues list.
8Counsel for the City undertook to revise a PO and all Parties agreed to the suggested August 6 deadline for revising the issues for consideration of the Tribunal at a second CMC, at which time a determination of whether the appeals are to be consolidated or heard together, as well as the dates for scheduling of the hearing of merit will be struck.
9Accordingly, a second CMC is scheduled to proceed by video on August 30, 2022.
10Parties 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/692665589
Access code: 692-655-589
11Parties 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.
12Persons 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: (Toll Free) 1-888-299-1889 or +1(647) 497-9373. The access code is as indicated above.
13Individuals 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.
14No further notice is required and the Member is not seized but may be spoken to to assist in case management issues.
“Sharyn Vincent”
SHARYN VINCENT VICE CHAIR
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.