Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 01, 2023
CASE NO(S).: OLT-21-001517
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Hillview Estates Limited
Subject: Cash in lieu of parkland
Description: Plan of Subdivision to create an estate lot residential subdivision containing 13 lots
Reference Number: 21T-81003C; RZ 08-01
Property Address: Part Lot 23, Concession 7 (Albion), Ward 4
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-21-001517
OLT Lead Case No.: OLT-21-001517
OLT Case Name: Hillview Estates Limited v. Caledon (Town)
Heard: February 10, 2023, by Video Hearing
APPEARANCES:
Parties
Hillview Estates Limited
Town of Caledon
Counsel*/Representative
Robert Fernicola
Max Rubin*
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON FEBRUARY 10, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) in respect of a request filed pursuant to s. 42(10) of the Planning Act, R.S.O. 1990 c. P. 13, as amended (the “Act”) by Hillview Estates Limited (the “Applicant”) against the Town of Caledon (the “Town”) to have the value of land determined by the Tribunal in respect to a condition of a Draft Plan of Subdivision requiring the payment of money in lieu of a dedication of land for park or other recreational purposes (the “Request”).
2The lands that are the subject of the Request are located east of Highway 50 at the northern terminus of Hillview Place (the “Subject Lands”) and the Draft Plan of Subdivision proposes to redevelop the Subject Lands with 14 residential estate building lots. The Subject Lands have a total area of 20.526 hectares.
3No requests for Status were received by the Tribunal.
4Mr. Rubin advised that the Town has been discussing the Request with the Applicant and has provided a draft Procedural Order (“DPO”) and an Issues List (“IL”) for consideration by the Tribunal. Mr. Rubin explained that the Town has provided a list of suggested issues replacing the issues identified by the Applicant. The Town has attempted to frame the issues identified by the Applicant in a neutral question format as is the practice of Tribunal in respect to creating an appropriate IL.
5After some discussion, Mr. Fernicola advised that he has no objection to the IL in the format as proposed by the Town.
6The Parties advised that they will continue their discussions in an effort to narrow the issues or remove issues with the goal of finding a settlement of this matter. The Tribunal encouraged these discussions to continue.
7The Parties agreed that three days would be appropriate for a hearing in respect of the Request and requested that the Tribunal schedule a hearing.
8The Tribunal, in consideration of the draft IL and the submissions from the Town and the Applicant, is satisfied that the revised IL proposed by the Town is appropriate.
9The Tribunal scheduled a 3-day hearing by video to commence on Wednesday, October 11, 2023, at 10:00 a.m.
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.
11The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
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.
13Parties 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
14Individuals 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
15THE TRIBUNAL ORDERS that the Procedural Order attached to this decision as Attachment 1 will govern the procedures leading up to and including the hearing.
16The Member is not seized of this matter.
17There will be no further notice required.
“David Brown”
DAvid Brown
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.
ATTACHMENT 1