Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 30, 2022

CASE NO(S).: OLT-22-002464 (Formerly MM180017)

PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant: Valermo Homes Inc.

Subject: Determination of the value of land

Property Location/Description: 300 Valermo Drive

Municipality: City of Toronto

OLT Case No.: OLT-22-002464

Legacy Case No.: MM180017

OLT Lead Case No.: OLT-22-002464

Legacy Lead Case No.: MM180017

OLT Case Name: Valermo Homes Inc. v. Toronto (City)

Heard: July 5, 2022 by telephone conference call

APPEARANCES:

Parties Counsel

Valermo Homes Inc. Patrick Harrington

City of Toronto Michael Mahoney

MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JULY 5, 2022 AND ORDER OF THE TRIBUNAL

1The Tribunal convened this Telephone Conference Call (“TCC”) for the purpose of obtaining an update in regard to the status of the appeal by Valermo Homes Inc. (“Appellant”) brought pursuant to s. 42(10) of the Planning Act.

2The Appellant has secured conditional approval for a Draft Plan of Subdivision for the development of 98 single-detached and semi-detached dwellings on the lands sited at 300 Valermo Drive, in the City of Toronto (“City”).

3The current appeal results from a difference of opinion between the Appellant and the City in regard to the appropriate calculation of the cash-in-lieu of parkland fees levied by the City. In that regard, on November 7, 2017, the Applicant remitted a cash-in-lieu fee payment in the amount of $2,183,123.21 to the City of Toronto, under protest.

4Central to this dispute is the question of whether the fee evaluation is to include serviced and/or unserviced lands. The Applicant, by way of this appeal, is requesting that the Tribunal determine the appropriate cash-in-lieu fee to be levied.

5Mr. Harrington advised the Tribunal that the Applicant is currently working with the City to explore opportunities for a settlement. The parties indicated an interest in further pursuing a resolution of the appeal.

6On that basis, the parties are directed to provide a written status update to the Tribunal by no later than six (6) months from the date of this TCC.

7This Member is not seized.

“M.A. Sills”

M.A. SILLS 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.