Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 07, 2023
CASE NO(S).: OLT-23-000794
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Hewitts Creek Landowners Group Inc.
Appellant: Barrie Central Developments Inc. and 129 Collier LP
Appellant: 440 Essa Developments Inc.
Appellant: Salem Landowners Group Inc.
Description: Determination of the development charges
Reference Number: By-law 2023-74
Property Address: City-wide
Municipality/UT: Barrie/Simcoe
OLT Case No.: OLT-23-000794
OLT Lead Case No.: OLT-23-000794
OLT Case Name: 440 Essa Developments Inc. v. Barrie (City)
Heard: November 2, 2023, by video hearing
APPEARANCES:
Parties
Counsel
City of Barrie
B. Engell
440 Essa Developments Inc.
A. Suriano (in absentia)
N. Mares
Barrie Central Developments Inc and 129 Collier LP
A. Skinner (in absentia)
M. Helfand
Hewitts Creek Landowners Group
C. Barnett
Salem Landowners Group
R. Howe
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON NOVEMBER 2, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) in respect of appeals by four entities noted in the Appearances (“Appellants”). The Appellants filed appeals pursuant to s. 14 of the Development Charges Act against the City of Barrie (“City”) Development Charges By-law No. 2023-74 (“By-law”).
2The Tribunal served notice on September 18, 2023. No further notice is required.
3There are no additional requests for Party or Participant status at this proceeding.
BACKGROUND
4Mr. Engel, Council for the City, provided background with respect to the By-law and appeals for the benefit of the Tribunal and Parties. He advised the Tribunal that the City has prepared a draft Procedural Order (“PO”) for the consideration of the Parties This PO was submitted to the Tribunal. The Issues List was derived from the appeal letters submitted by the Appellants. Mr. Engel fully expects that Issues may be reduced as the City and Appellants have an opportunity to further review and analyze relevant material, but it does provide enough background to determine length of hearing and the required number of witnesses.
5Mr. Engel noted that the City has received additional information requests from some Appellants and submits it would be appropriate to have all Appellant provide the City their request for information in a two week timeframe.
6Mr. Engel requested that:
a. a CMC be scheduled in February 2024. That CMC could be utilized for any motions that are required by parties, the review and approval of a final PO and, should issues be reduced, some hearing time could be released.
b. a Merits Hearing be scheduled. It is estimated that a merits hearing will last for four weeks.
7All Parties consented to the go forward strategy suggested by Mr. Engels but wanted to add a direction from the Tribunal to require the City to respond to their information requests before the end of 2023. This would give them time to ensure they have all the information required for a February 2024 CMC.
8Mr. Engels is prepared to take the lead in the finalization of all relevant PO matters.
9The Parties are aware of Tribunal-led mediation and understand they are able to request this mediation at their convenience.
TRIBUNAL DIRECTIONS
10The Tribunal is prepared to schedule a one-day CMC and a four-week Merits Hearing.
11All Appellants will provide to the City all requests for additional information that they require no later than 4:30 p.m. on Friday, November 17, 2023.
12The City will provide a response to the Appellants information requests no later than 4:30 p.m. on Friday, December 22, 2023.
13A final draft PO will be submitted to the Tribunal no later than 4.30 p.m. on Thursday, February 22, 2024. This PO will be reviewed by the Tribunal prior to the February CMC.
14If there are problems related to the finalization of the Issues in the Issues List, then the Tribunal is prepared to set up a Telephone Conference Call prior to the February 2024 CMC.
CASE MANAGEMENT AND MERIT HEARING TECHNICAL MATTERS.
15A one-day CMC will convene on Tuesday, February 27, 2024, by video hearing at 10 a.m.
16A 20-day Merits Hearing will convene on Monday, September 23, 2024, ending on Tuesday, October 22, 2024, by video hearing at 10 a.m.
17The hearings are scheduled to proceed by video as follows:
One-Day CMC by Video Hearing Tuesday, February 27, 2024, at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 687-587-165
20-Day Merits Hearing by Video Hearing Monday, September 23, 2024, at 10 a.m ending on Tuesday, October 22, 2024. GoTo Meeting: https://meet.goto.com/996288525 Access code: 996-288-525 Audio-only line: (Toll Free) 1 888 455 1389 or +1 (647) 497-9391 Audio-only access code: 996-288-525
18Parties 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.
19Parties 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
20Persons 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.
21Individuals 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.
ORDER
22A Case Management Conference is scheduled to commence on Tuesday, February 27, 2024, at 10 a.m.
23A Merits Hearing is scheduled to commence on Monday, September 23, 2024, at 10 a.m.
24The Tribunal Member is not seized.
25There is no further notice.
26The Tribunal so Orders.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
MEMBER
Ontario Land Tribunal
Website: www.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.