Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 27, 2023
CASE NO(S).: OLT-22-004386
PROCEEDING COMMENCED UNDER section 37(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Camrost-Felcorp Inc.
Appellant: Dunpar Homes
Appellant: Mississauga I GP Inc., Mississauga II GP Inc., Mississauga IIII GP Inc.
Subject: Community Benefits Charge By-law
Description: New City of Mississauga Community Benefits Charge By-law
Reference Number: CBC BL 0134-2022
Property Address: City Wide
Municipality/UT: Mississauga/Peel
OLT Case No: OLT-22-004386
OLT Lead Case No: OLT-22-004386
OLT Case Name: Camrost-Felcorp Inc. v. Mississauga (City)
Heard: February 16, 2023, by video hearing
APPEARANCES:
Parties
Counsel
City of Mississauga
R. Kehar
L. Magi (in absentia)
Camrost Feldcorp Inc
M. Foderick (in absentia)
J. Cole
Sheridan Retail Inc. (Dunbar Homes)
L. Johnston
M. Nemanic (in absentia)
Mississauga I GP Inc.
Mississauga II GP Inc.
Mississauga III GP Inc.
D. Bronskill (in absentia)
R. Gill
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON FEBRUARY 16, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) for the above-noted matter. A total of five entities as illustrated in the appearances have filed an appeal against the decision of the City of Mississauga (“City”) to adopt the Community Benefits Charges By-law No.0134-2022 (“the 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 June 22, 2022.
3The Tribunal served notice December 9, 2022. No further notice is required.
4There are no additional requests for Party or Participant status at this proceeding.
5Mr. Kehar, Counsel for the City, provided background with respect to the By-law for the benefit of the Tribunal and Parties. He advised the Tribunal the By-law was adopted by City Council on June 22, 2022. The By-law is supported by a number of studies and a Community Benefits Charge Strategy.
6Mr. Kehar described his understanding of the various appeals and noted that the issues as described in the appeal letters were for the most part general in nature. He requested that the Tribunal direct a date requiring Parties to submit their particularized Issues to the City. The City would then have the necessary information to begin discussions with all Parties in an effort to better understand, scope, and reduce Issues prior to a subsequent CMC. He advised that, in his opinion, the By-law is compliant with the legislative requirements of the Planning Act and Ontario Regulation 509/20, and nothing found within Bill 23 would have a direct impact on the content of the By-law.
7Mr. Kehar requested that the Tribunal:
a. schedule of a second CMC;
b. direct all parties to provide their particularized Issues to be included in the Procedural Order (“PO”) well in advance of this future CMC.
8Mr. Kehar suggested that the purpose of the next CMC would be to either present a final draft of a PO and schedule a merits hearing, advise the Tribunal on potential settlements 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.
9The other parties are generally supportive of the Mr. Kehar’s suggested go forward strategy and requisite timing save and expect Mr. Johnston, representing Sheridan Retail Inc. (“Sheridan”). Sheridan’s Appeal is not site specific and Mr. Johnston submits the By-law does not conform to Provincial and Municipal policy as the Community Benefits Charge Strategy contains services that should not be included, are inappropriately costed, and incorrectly deducted. Mr. Johnston requested additional time to formalize issues as Sheridan is presently in the process of securing appropriate consulting assistance. This additional time would allow Sheridan to provide a more fulsome Issues List to the City.
10Mr. Johnston also advised the Tribunal Sheridan may seek to consolidate the CBC appeal with the appeals of the City’s Development Charge By-law.
11It 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.
12The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion it is premature to request such mediation but that 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 Tuesday, July 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://meet.goto.com/558205565
Access code: 558-205-565
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 558-205-565.
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
18A full-day Case Management Conference is scheduled to commence at 10 a.m. on Tuesday, July 18, 2023.
19The Tribunal directs that all parties provide their particularized Issues to the City and all other Parties no later than 4.30 p.m. Friday, April 28, 2023.
20Mr. Kehar will, at the earliest possible time, inform the Tribunal and Parties, the City’s intentions with respect to the primary purpose of the Tuesday, July 18, 2023 Case Management Conference.
21A Motion by any Party with respect of this proceeding will be in keeping with Rule 10 – Ontario Land Tribunal – Rules of Practice and Procedure.
22The Tribunal may be spoken to if there are any issues with respect to the implementation of these directions.
23No further notice will be given.
24The 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.