Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 5, 2023
CASE NO(S).: OLT-22-004545
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27. Appellant
Appellant
Dunpar Developments Inc.
Appellant
Tridel Builders Inc.
Appellant
And others
Reference Number: City of Toronto By-Law 1137-2022
Property Address: (City-Wide)
Municipality/UT: Toronto
OLT Case No: OLT-22-004545
OLT Lead Case No: OLT-22-004545
OLT Case Name: Dunpar Developments Inc. et al v Toronto (City)
Heard: March 10, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Dunpar Developments Inc. (Appellant No. 1)
Michael Nemanic Luke Johnston (not appearing)
Tridel Builders Inc. (Appellant No. 2)
Adrian Frank Jason Park (not appearing)
Stafford Homes Ltd (Appellant No. 3)
Adrian Frank Jason Park (not appearing)
The Goldman Group (Appellant No. 4)
Adrian Frank Jason Park (not appearing)
Tenblock Developments Inc. (Appellant No. 5)
Anne Benedetti
City of Toronto
Gabe Szobel Nathan Muscat Robert A. Robinson
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID L. LANTHIER AND KURTIS SMITH ON MARCH 10, 2023 AND ORDER OF THE TRIBUNAL
1This first Case Management Conference (“CMC”) was conducted to case manage the five Appeals under s. 14 of the Development Charges Act now before the Tribunal with respect to the City’s Development Charge By-law 1137-2022, enacted on August 15, 2022.
2For the purposes of further administrative and adjudicative case management of these five Appeals, the numbering sequence for the Appellants and their respective Appeals set out in the Appearances above will be referenced.
3The parties have advised that they are involved in ongoing discussions which will continue over the next few months. They expect to be in a position to provide specificity as to the length of the hearing and constructively move forward with a Procedural Order and Issues List by late June. The Panel inquired as to the option of advising the Tribunal when they would be ready to conduct the next CMC, in order to avoid a possible adjournment in the event that they are not finished their dialogue, but counsel assured the Panel that they would be ready to proceed at the end of June and would meet that timeline.
FURTHER CASE MANAGEMENT CONFERENCE AND DIRECTIVES
4A further Case Management Conference is accordingly scheduled to proceed by video hearing on Monday, June 26, 2023, at 10 a.m.
5Parties 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/765631861 Access code: 765-631-861
6Parties 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
7Persons 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) 497-9391 or (Toll Free) 1 888 455 1389. The access code is 765-631-861.
8Individuals 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 CMC hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9On or before Monday, June 19, 2023, the Parties shall jointly provide the following to the Case Coordinator-Planner:
(a) a draft Procedural Order for a video hearing containing an updated Issues List agreed to by the parties, ready for review and approval by the Tribunal. In the event there is an unresolved dispute with respect to the form of any of the issues, or pre-hearing procedural matters, to be addressed, then each Party will provide a summary succinctly setting out those issues that remain and are to be determined by the Tribunal, and the position of the party on each unresolved issue or pre-hearing procedural matter;
(b) an estimate as to the total number of days required for the hearing;
(c) to assist in the scheduling of the hearing, based on the estimated time periods required to satisfy all deadlines for all pre-hearing requirements for the hearing, the Parties will also advise the Tribunal as to the earliest start-date that a video hearing of the Appeals may be scheduled by the Tribunal and provide any conflict dates for counsel and proposed witnesses within an eight month period following that earliest date of availability for the commencement of the hearing.
10The Parties are expected to attend to the CMC prepared to address all matters relating to the Procedural Order, Issues List and the scheduling of a hearing on the merits of the Appeals.
11There will be no further notice with respect to the CMC, and the Panel Members are not seized.
12The Tribunal so orders and provides these CMC directives for the purposes of the case management of these Appeals.
“David L. Lanthier”
DAVID L. LANTHIER
VICE-CHAIR
Kurtis Smith”
KURTIS SMITH
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.