1213763 Ontario Inc. et al. v. Oakville (Town), 2023 CanLII 21680

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.