Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 22, 2023
CASE NO(S).:
OLT-22-004657
PROCEEDING COMMENCED UNDER subsection 37(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellants:
See Schedule 1
Subject:
Community Benefits Charge By-law
Description:
New City of Toronto Community Benefits Charge By-law
Reference Number:
BL 1139-2022
Property Address:
City Wide
Municipality:
City of Toronto
OLT Case No:
OLT-22-004657
OLT Lead Case No:
OLT-22-004657
OLT Case Name:
Dunpar Developments Inc. v. Toronto (City)
Heard:
February 10, 2023 by video hearing
APPEARANCES:
Parties
Counsel
City of Toronto
N. Muscat
Dunpar Developments Inc.
M. Nemanic
L. Johnston (in absentia)
Freed Developments Limited
A. Jeanrie
S. Brazzell
Fengate Capital Management Limited
A. Jeanrie
S. Brazzell
Mattamy Urban Neighbourhoods Inc.
A. Jeanrie
S. Brazzell
Oxford Properties Group Inc.
A. Jeanrie
S. Brazzell
Westerkirk Capital Inc.
A. Jeanrie
S. Brazzell
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON FEBRUARY 10, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. A total of six entities as illustrated in the appearances have filed an appeal against the decision of the City of Toronto (“City”) to adopt the Community Benefits Charges By-law No. 1139-2022 (“By-law”) pursuant to s. 37(17) of the Planning Act.
2The effect of the By-law is to define a community benefit charge (“CBC”) that is payable for the capital costs of facilities, services and matters required for development and redevelopment of all lands in the geographic area of the City. The CBC legislative requirements are set out in the amended Section 37 provisions of the Planning Act. The City adopted the By-law on August 15, 2022.
3The Affidavit of Service sworn January 11, 2023 is marked as Exhibit 1. No further notice is required.
4There are no additional requests for Party status at this proceeding. Carolyn Johnson submitted a Participant Status Request Form with the Tribunal. She is granted Participant status upon consent of all parties.
5Mr. Muscat, counsel for the City, provided background with respect to the By-law for the benefit of the Tribunal, Parties and Participant. He advised the Tribunal the By-law was adopted by City Council on August 15, 2022. The By-law is supported by a number of studies and a Community Benefits Charge Strategy (April 2022) (“Strategy”) as well as an addendum (June 2022) to this Strategy.
6Mr. Muscat advises the Tribunal that he has a number of questions in respect of the appeals as it relates to the scope and the Tribunal’s jurisdiction to deal with certain legislative provisions found in s. 37 of the Planning Act and its requisite Regulations. He requested three items for the Tribunals consideration as follows:
a. The scheduling of a second CMC;
b. the Tribunal direct all Parties to provide their particularized Issues to be included in the Procedural Order (“PO”) well in advance of this future CMC.
c. Depending on the outcome of discussions with Parties, the City would then be in a position to determine their best strategy with respect to the second CMC.
7All Parties consented to the scheduling of a second CMC. The Tribunal is prepared to schedule a full day CMC commencing at 10 a.m. on Thursday May 18, 2023.
8Mr. Muscat suggested that the purpose of the next CMC would be to either present a final draft of a PO and schedule a merits hearing or to bring forward a Motion in keeping with Rule 10 – Ontario Land Tribunal Rules of Practice and Procedure with respect of issues that, in the City’s view, may not be within the jurisdiction of the Tribunal.
9Mr. Nemanic, counsel for Dunbar Developments and Mr. Jeanrie counsel for the other five appellants found in the appearances provided background, description, and clarification with respect of their clients appeals. Efforts that their clients have made to better understand the legislative parameters and the By-law is summarized in detail. The description provided by both counsel is helpful to all in attendance at this CMC.
10It is noted in the submissions to the Tribunal, that all Parties are committed to work in an effort to better understand, refine or reduce Issues to be found in the PO’s Issues List. The Tribunal is pleased that these discussions will happen.
11Ms. Johnson requested that the PO be circulated to her. The Tribunal reminded her of the legislative parameters under which a Participant may engage in these matters. Mr. Muscat did commit to circulate Ms. Johnson a copy of the final draft of the PO at the same time it is circulated to the Tribunal for its preparation for a second CMC.
12The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion this may be a possible path for this matter and understand they may request this mediation at their convenience.
CASE MANAGEMENT TECHNICAL DETAILS
13A full-day Case Management Conference will convene on Thursday May 18, 2023, by video hearing at 10 a.m.
14Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
15Parties 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 at: https://app.gotomeeting.com/home.html
16Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 692-665-589.
17Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
18Carolyn Johnson is granted Participant status to these proceedings.
19A full-day Case Management Conference is scheduled to commence at 10 a.m. on Thursday May 18, 2023.
20The Tribunal directs that all Parties provide their particularized Issues to the City and all other Parties no later than 4:30 p.m. on Friday April 7, 2023.
21Mr. Muscat will at the earliest possible time inform the Tribunal, Parties, and Participant, the City’s intentions with respect to the primary purpose of the May 18, 2023 CMC.
22A Motion by any Party with respect of this proceeding will be in keeping with Rule 10 – Ontario Land Tribunal – Rules of Practice and Procedure.
23The Tribunal may be spoken to if there are any issues with respect to the implementation of these orders.
24No further notice will be given.
25The Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.
Schedule 1
Appellant Name
Dunpar Developments Inc.
Freed Developments Ltd.
Fengate Capital Management Ltd.
Mattamy Urban Neighbourhoods Inc.
Oxford Properties Group Inc.
Westerkirk Capital Inc.