Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 09, 2023
CASE NO(S).: OLT-22-004632, OLT-23-000045
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellants: 12411460 Ontario Inc. (Dunpar Homes)
Subject: Determination of Value – Cash-in-Lieu
Description: determination of the value of Cash-in lieu parkland contribution value for industrial development.
Reference Number: City of Toronto Municipal Code, Chapter 415, Article III
Property Address: 66-74 Jutland Road
Municipality: City of Toronto
OLT Case No: OLT-22-004632
OLT Lead Case No:
OLT Case Name: Cash-in-Lieu
PROCEEDING COMMENCED UNDER subsection 22(2) of the Development Charges Act, 1997, S.O. 1997, c. 30
Appellants: 12411460 Ontario Inc. (Dunpar Homes)
Subject: Development Charge Complaint
Description: Development Charge complaint related to the imposition of development charges on a block that should be exempt. The City failed to make a decision on the complaint within prescribed timelines.
Reference Number: City of Toronto Municipal Code, Chapter 415, Article I
Property Address: 66-74 Jutland Road
Municipality: City of Toronto
OLT Case No: OLT-23-000045
OLT Lead Case No:
OLT Case Name: DC Dunpar Homes, Toronto Building Permit Charges Complaint
Heard: February 28, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto (“City”) | Michael Mahoney Robert Robinson |
| 12411460 Ontario Inc. (“Dunpar Homes”) | Michael Nemanic Luke Johnston (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST AND S. TOUSAW ON FEBRUARY 28, 2023 AND ORDER OF THE TRIBUNAL
PURPOSE
1The Tribunal convened the first Case Management Conference (“CMC”) for appeals by Dunpar Homes related to its industrial development, referred to as Block A at 66-74 Jutland Road, Etobicoke in Toronto:
Pursuant to s. 42(10) of the Planning Act, Dunpar Homes paid under protest and appealed the City’s cash-in-lieu of parkland levy (“Parkland”); and
Pursuant to s. 22(2) of the Development Charges Act, Dunpar Homes paid, lodged its complaint, and subsequently appealed the City’s development charge calculation (“DC”), on the failure of the City to make a decision within the statutory 60 days of a filed complaint.
PARTIES
2The statutory Parties are the City of Toronto and 12411460 Ontario Inc. (“Dunpar Homes”). No other requests for Party status were received.
PARTICIPANTS
3No requests for Participant Status were received.
MEDIATION
4The Parties advised that mediation is premature at this time given that the Parkland appeal may proceed to the Courts and the DC appeal is anticipated to be resolved.
5The Parties are aware of the availability of Tribunal-led mediation and understand they may request this mediation if desired.
OVERVIEW AND NEXT STEPS
6The Parties requested that these cases be separated for case management and hearings.
7Dunpar Homes questions the Tribunal’s jurisdiction for hearing the specific matters addressed in the Parkland appeal and intends to pursue that issue through the Superior Court of Justice. Subject to the Court’s ruling, the Parkland appeal to the Tribunal may be withdrawn in due course. The Parkland appeal is being handled by Mr. Nemanic.
8For the DC appeal, the Parties advised that a settlement is nearing completion and they anticipate a resolution without the need for a dispute hearing. The DC appeal is being handled by Mr. Robinson.
9The Tribunal directed that these cases will be managed and heard separately. The Tribunal will issue separate Notice if/when each case requires its own CMC or a hearing on the merits.
10To the Parties’ request to adjourn both appeals sine die, the Tribunal directed, with consent of the Parties, that a written update for each case would be filed with the Tribunal by August 1, 2023. Should a hearing on the merits be required, the Parties should address/include the necessity of a Procedural Order with Issues List.
ORDER
11The Tribunal Orders as follows.
12OLT Case Number 22-004632 and OLT Case Number 23-000045 will proceed as separate cases, for which Notice will be issued to the Parties should a further CMC or hearing on the merits be required for each separate case.
13The Parties are required to provide a written update to the Tribunal no later than Tuesday, August 1, 2023 on the status of each of these separate cases.
14The Tribunal may be spoken to if there are any issues with respect to the implementation of these Orders.
15The Members are not seized.
“W. Daniel Best”
W. Daniel BEST
MEMBER
“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.