Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
March 15, 2023
CASE NO(S).:
OLT-22-004712
PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellants:
See Schedule 1
Parkland Dedication By-law
New Town of Oakville Parkland Dedication By-law BL 2022-108
Town Wide Town of Oakville OLT-22-004712 OLT-22-004712
1213763 Ontario Inc. et al. v. Oakville (Town)
Subject:
Description:
Reference Number:
Property Address:
Municipality:
OLT Case No:
OLT Lead Case No:
OLT Case Name:
Heard:
March 7, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Town of Oakville
A Biggart
N. Chandra
1213763 Ontario Inc. and
1319399 Ontario Inc.
J. Park
A. Frank (in absentia)
Building Industry and Land Development Association
I. Kagan
Distrikt Developments
C. Lantz
Enirox Dundas 3015 Inc.
J. Meader
General Electric Canada
J. Park
Silwell Developments Limited
C. Williams
A. Gajaria
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW AND W. DANIEL BEST ON MARCH 7, 2023 AND ORDER OF THE TRIBUNAL
PURPOSE
1This first Case Management Conference (“CMC”) was convened for appeals to the Parkland Dedication By-law No. 2022-108 (“Parkland BL”) passed by the Town of Oakville (“Town”) on September 12, 2022, setting out requirements for the conveyance of parkland or payment-in-lieu of parkland under the Planning Act.
NOTICE
2The Town’s Affidavit of Service for Notice of this CMC was marked as Exhibit 1. No further Notice will be given, but the Parties will be consulted and apprised of next steps as noted below.
PARTIES AND PARTICIPANTS
3The statutory Parties are the Town and the Appellants.
4No requests for Added Party or Participant status were received.
STATUS
5The Town advised, on consent of the Parties, that Bill 23 came into effect after the passage of this Parkland BL and subsequent appeals. Bill 23 and its pending regulations related to parkland may necessitate amendments, or more likely, a repeal and replacement of this Parkland BL. With the timeline of the Bill 23 regulations unknown, and the necessity for the Town to respond accordingly, the Town agreed to advise the Tribunal of the status of this case by October 1, 2023 after consulting with the Appellants.
MEDIATION
6The Parties are aware of Tribunal-led mediation and remain open to considering mediation in the course of refining or resolving issues at the appropriate time.
NEXT STEPS
7The Parties agree to advise the Tribunal on requested next steps through the Town’s update to be filed as noted above.
ORDER
8The Tribunal Orders its directions and findings as set out above.
9This Panel is not seized but may be contacted through the Case Coordinator should issues arise.
“S. Tousaw”
S. tousaw
VICE-CHAIR
“W. Daniel Best”
W. DANIEL Best
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.
SCHEDULE 1
Appeal No.
Appellant Name
Representative
1
The Building Industry and Land Development Association (BILD)
Ira Kagan Ikagan@ksllp.ca
2
General Electric Canada
Jason Park jpark@ksllp.ca
3
1213763 Ontario Inc. and 1319399 Ontario Inc.
Adrian Frank afrank@ksllp.ca
4
Enirox Dundas 3015 Inc.
Jennifer Meader jmeader@tmalaw.ca
5
Silwell Developments Limited
Christopher Williams and Ajay Gajaria cwilliams@airdberlis.com; agajaria@airdberlis.com
6
Distrikt Developments
Calvin Lantz clantz@stikeman.com