Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 15, 2023

CASE NO(S).: OLT-22-004364

PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, R.S.O. 1997, c. 27

Appellants: Sheridan Retail Inc.

Subject: Development Charge Complaint

Description: Development Charge complaint

Reference Number: Development Charge By-law 0133-2022

Property Address: City-wide

Municipality: City of Mississauga

OLT Case No: OLT-22-004364

OLT Lead Case No: OLT-22-004364

OLT Case Name: Sheridan Retail Inc. v Mississauga (City)

Heard: March 8, 2023 by video hearing

APPEARANCES:

Parties Counsel/Representative*

City of Mississauga Andrew Biggart Lia Magi

Sheridan Retail Inc. 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 the Appellants related to the City of Mississauga Development Charges By-law 0133-2022.

2The effect of the By-law is to establish development charges (“DC”) payable to help fund growth-related infrastructure works required to meet the increased need for services resulting from anticipated population and employment growth.

3The City of Mississauga Development Charges By-law 0133-2022 was passed by City Council on June 22, 2022. Three appeals were submitted in the proper form on August 2, 2022.

4All appeals are under s. 14 of the Development Charges Act. The Tribunal notes that the appeals are not site-specific, but City-wide.

Parties

5The Tribunal and Parties acknowledged that Amacom Development (City Centre) Corp. and Starlight Group Property Holdings Inc. have withdrawn their appeals.

6The statutory Parties are the City of Mississauga (“City”) and the sole remaining appellant, Sheridan Retail Inc. (“Dunpar Homes”).

7No other requests for Party status were received.

Participants

8No requests for Participant status were received.

Mediation

9The Parties are aware of the availability of Tribunal-led mediation. The Parties advised of their ongoing discussions and willingness to consider mediation as issues unfold.

Overview and Next Steps

10Andrew Biggart, Counsel for the City, provided background with respect to the By-law adoption and preliminary discussions with Michael Nemanic, Counsel for Dunpar Homes. Mr. Biggart and Lai Magi, Litigation and Planning Counsel for the City, wish to have the appeal matter concluded as quickly as possible, noting the City’s preference to limit the time during which conditional DCs are charged until the new DC By-law comes into effect.

11Mr. Biggart advised that a two-week hearing would be required and opined that an economist and planner would likely be called as expert witnesses by each of the City and Appellant. Mr. Biggart proposed a further CMC to address a draft PO and Issues List.

12Mr. Biggart requested that the Tribunal consider setting the date for a hearing.

13Mr. Nemanic acknowledged that there have been discussions with the Parties on a “without prejudice” basis. Mr. Nemanic advised the Tribunal that the Appellant has appealed the City’s Community Benefits Charge (CBC) By-law (OLT-22-004386) and would request the Tribunal consider the following:

a. To schedule a second CMC for this DC appeal with the CMC already scheduled for the CBC appeal, being July 18, 2023.

b. That the Tribunal consolidate or hear together the DC Appeal and the CBC Appeal, via consent or motion, at the second CMC.

c. That a Procedural Order and Issues List be finalized at the combined second CMC of July 18, 2023.

14Mr. Nemanic stated that it would be unfair to put off the CBC appeal due to overlapping facts and issues at law and that it would be appropriate to consolidate or hear these appeals together. Mr. Nemanic advised that there is commonality with both the DC and CBC appeals and referred to the issue of “stacking”, being a method of applying both DC and CBC revenues to eligible infrastructure projects.

15Mr. Nemanic stated that due to commonality of the appeals a draft Issues List could be forwarded to the parties by April 28, 2023, aligning with the CBC appeal.

16Mr. Biggart responded that the City would oppose a motion of consolidation or hearing together. Mr. Biggart further stated the following:

a. Where this appeal has one Appellant, the CBC appeal has other parties.

b. These are two distinct instruments of legislation, two different by-laws and different objectives.

c. The outcome of the DC Hearing could help inform the CBC Hearing.

17The Tribunal considered the position of the Parties. As there was the absence of consent on next steps, the Tribunal directed that a second CMC for this DC appeal would be scheduled along with filing dates (as set out in the Order below) for the potential motion, that would enable discussions between the Parties both before and after a potential motion filing.

18Similarly, the Tribunal directed Dunpar Homes to provide its Issues List to the City by Tuesday, April 18, 2023, which will provide sufficient time for discussion between the Parties in advance of a potential motion filing.

19Should a motion not be filed, the Parties are directed to prepare a draft PO with Issues List and file same with the Tribunal in advance of the CMC.

20The next CMC is scheduled for video hearing at on Monday, June 19, 2023, at 10 a.m.

21Parties 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:

https://global.gotomeeting.com/join/660145013

Access code: 660-145-013

22Parties 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

23Persons 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 660-145-013.

24Individuals 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

25The Tribunal Orders its directions and rulings as noted above.

26The Appellant shall file its Issues List with the City of Mississauga by Tuesday, April 18, 2023.

27Any Motion, filed in accordance with the Tribunal’s Rules of Practice and Procedure, shall respect the following filing dates:

Filing Date of the Motion Friday, May 19, 2023

Response to the Motion Friday, June 2, 2023

Reply to the Motion Monday, June 12, 2023

28A second Case Management Conference is scheduled by video hearing on Monday, June 19, 2023, at 10 a.m.

29The Tribunal may be spoken to if there are any issues with respect to the implementation of these Orders.

30No further notice will be given.

31The 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.