Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 27, 2023
CASE NO(S).: OLT-22-004131
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27.
Appellant: Building Industry and Land Development Association
Appellant: Dunpar Homes
Subject: Development Charges By-law
Description: To replace the Region’s existing residential and non-residential water, wastewater (Built Boundary and Greenfield Areas), roads and general services development charges
Reference Number: By-law No. 25-22
Property Address: All land in the geographic area of the Regional Municipality of Halton
Municipality/UT: Halton/ Halton
OLT Case No: OLT-22-004131
OLT Lead Case No: OLT-22-004131
OLT Case Name: Building Industry and Land Development Association v. Halton (Region)
Heard: February 17, 2023 by video hearing
APPEARANCES:
Parties Counsel
Regional Municipality of Halton P. DeMelo V. Cairone
Building Industry and Land Development Association D. Baker
Dunpar Homes D. Baker (agent) L. Johnston (in absentia) M. Nemanic (in absentia)
Others
Southwest Georgetown Landowners Group Inc. M. Joblin Q. Annibale (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON FEBRUARY 17, 2023 AND ORDER OF THE TRIBUNAL
Purpose
1This first Case Management Conference (“CMC”) was convened for appeals to a new Development Charges By-law No. 25-22 passed by the Regional Municipality of Halton (“Region”) on May 25, 2022, establishing development charges for water, wastewater, roads and general services.
Parties
2The statutory Parties are the Region and the two Appellants: Building Industry and Land Development Association; and Dunpar Homes.
3A request for Party status was filed by Southwest Georgetown Landowners Group Inc. (“Landowners”), to which the Parties have no opposition, but requested deferral of the Landowners’ status to the next CMC. The Parties have requested Tribunal-led mediation and have invited the Landowners to participate. The Landowners’ status will be addressed by the Parties and Landowners at the next CMC, including whether it should be a sheltering Party.
Participants
4No requests for Participant status were received.
Mediation
5The Parties have filed a request for Tribunal-led mediation with the goal of reaching settlements or a reduced Issues List.
Procedural Order
6Following mediation, if a hearing on the merits remains necessary, the Parties will endeavour to file an agreed Procedural Order with a refined Issues List ahead of the next CMC.
Next CMC
7A further CMC, if required following mediation, will be requested by the Parties and may be scheduled at that time. Alternatively, a settlement hearing may be requested, depending on the outcome of mediation. The Landowners’ request for Party status will be addressed at the next, post-mediation, event.
ORDER
8The Tribunal Orders its directions and findings as set out above.
9This Member is not seized but may be contacted through the Case Coordinator should issues arise.
“S. Tousaw”
S. TOUSAW 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.