Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 04, 2023 CASE NO(S).: OLT-22-004545

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

Appellant: Dunpar Developments Inc. Appellant: Tridel Builders Inc. Appellant: And others

Reference Number: City of Toronto By-Law 1137-2022 Property Address: (City-Wide) Municipality/UT: Toronto OLT Case No: OLT-22-004545 OLT Lead Case No: OLT-22-004545 OLT Case Name: Dunpar Developments Inc. et al v Toronto (City)

Heard: November 2, 2023, by video hearing (“VH”)

APPEARANCES:

Parties

Counsel/Representative

Dunpar Developments Inc.

Michael Nemanic Luke Johnston Giozelin Mutlu

City of Toronto

Gabe Szobel Nathan Muscat

DECISION DELIVERED BY A. MASON AND SHARYN VINCENT AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1Dunpar Developments Inc. (“Dunpar”) appealed the entirety of the City of Toronto (“City”) By Law No. 1137-2022 (“DC By-Law”) in a letter dated August 24, 2022 (“Appeal”), on eight separate grounds, each premised on the basis that the By-law “imposes development charges that are too high and which were not calculated in a manner that was fair, reasonable, and in compliance with the requirements of the Development Charges Act and the regulations thereunder”.

2At the first Case Management Conference (“CMC”) on March 10, 2023, the Tribunal, differently constituted, directed the Parties to provide a draft Procedural Order (‘PO”) and Issues List and directed that, should there be any dispute as to the Issues List, the Parties could seek further direction from the Tribunal at the forthcoming second CMC on June 26, 2023 (“Second CMC”). Attempts to agree on the Issues List did not come to fruition, and, at the Second CMC, the Tribunal, differently constituted, heard submissions from the Parties on the nature of the dispute. Specifically, the Parties disagreed whether the future Merit Hearing should be divided into two phases, reflecting Dunpar’s characterization of its issues into two discrete groups to be adjudicated in order and separately, or whether the Merit Hearing should be one continuous event.

3In its Decision arising from the Second CMC, the Tribunal directed the Parties to bring a Motion for Determination of the phasing of the Merit Hearing (“Motion”). The Motion was heard on November 2, 2023, and this is the decision of the Tribunal from that Hearing event. The Parties each provided substantial written submissions and legal facta in support of their positions in advance of the Motion to the Tribunal.

4Upon review of the written submissions and hearing the oral argument of the Parties, the Tribunal agrees that a phased Hearing is appropriate, as Dunpar’s Phase 1 Issues must be adjudicated first, to enable the Parties to establish an agreed methodology for the review of the DC By-Law, presentation of evidence and any recalculation of the DC By-Law for the proper and efficient adjudication of the Phase 2 Issues. As such, the Tribunal exercises its discretion under s. 12(2) of the Ontario Land Tribunal Act, 2021, S.O. 2021 c. 4 (“OLTA”), and Rule 22.3 of the Rules of Practice and Procedure (“Rules”) and grants the Motion and Orders that the merit hearing be divided in two phases.

5The Tribunal makes no findings with respect to the merits of the Applicant’s Appeal of the DC By-Law, which is left for determination of the Tribunal, as constituted, at the Merit Hearing.

LEGISLATIVE CONTEXT

6Through a series of cumulative legislative changes since 2019, the Ontario Legislature has made it necessary for all municipalities to revisit the tools available to them to fund development. As a consequence of the Bill 197 Amendments to the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html