Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 03, 2023
CASE NO(S).:
OLT-22-004722
OLT-23-000061
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant:
Niagara Falls Canada Hotel Association
Description:
Development Charges By-law No. 2022-71
Property Address:
Region-wide
Municipality/UT:
Region of Niagara
Reference Number:
2022-71
OLT Case No.:
OLT-22-004722
OLT Lead Case No.:
OLT-22-004722
OLT Case Name:
Niagara Falls Canada Hotel Association v. Niagara (Region)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant:
Niagara Falls Canada Hotel Association
Appellant:
Niagara Home Builders’ Association
Description:
Development Charges By-law No. 2022-94
Property Address:
Region-wide
Municipality/UT:
Region of Niagara
Reference Number:
2022-94
OLT Case No.:
OLT-23-000061
OLT Lead Case No.:
OLT-23-000061
OLT Case Name:
Niagara Falls Canada Hotel Association v. Niagara (Region)
Heard:
April 26, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Regional Municipality of Niagara
P. DeMelo
Niagara Falls Canada Hotel
A. Gajaria
Association
P. Harrington (in absentia)
Niagara Home Builders’ Association
J. Meader
memorandum of oral DECISION DELIVERED BY W. DANIEL BEST AND SHARYN VINCENT ON APRIL 26, 2023 and order of the Tribunal
1In 2022, the Regional Municipality of Niagara (“Region”) passed two by-laws pursuant to the Development Charges Act (“DCA”). By-law No. 2022-71, being a Region-wide Development Charge (“DC”) and By-law No. 2022-94, being a Region-wide DC, specific to Transit Charges (“TC”).
2Both By-laws have been appealed to the Tribunal.
3Niagara Falls Canada Hotel Association (“Hotel Association”) is an Appellant to both By-law Nos. 2022-71 and 2022-94.
4Niagara Home Builders’ Association (“NHBA”) is an Appellant to By-law No. 2022-94.
5There were no requests for Party or Participant status.
6Mr. DeMelo, Counsel for the Region, advised the Tribunal of the following:
a. The Parties will be asking that, for hearing purposes, these appeals be heard together. Counsel states that proceeding on the basis that the matters are consolidated for hearing purposes is the most efficient means of proceeding.
b. The Parties are also working to finalize an Issues List and will be submitting the same to the Tribunal within two weeks along with a Procedural Order.
c. The Parties advised that a hearing length of 10 days will be required for both appeals and ask that the Tribunal schedule these dates for later this year. It is anticipated there will be an estimated six to eight witnesses.
d. The Parties intend to work together on scoping and refining issues in the hope that some of the potential issues may be resolved without the need for adjudication.
7Mr. Gajaria, Counsel for the Hotel Association, concurred with Mr. DeMelo’s submissions to the Tribunal.
8Ms. Meader, Counsel for the NHBA, concurred with Mr. DeMelo’s submissions to the Tribunal.
9Counsel for the Region undertook to finalize a Procedural Order (“PO”) and Issues List with the Parties. All Parties agreed to the suggested two-week timeline to submit to the Tribunal for consideration.
10The Parties are in agreement that the issues are narrow in scope and that refinement is required. As such, the Parties do not believe that a second Case Management Conference (“CMC”) is required.
11The Tribunal agrees with the Parties that the Appeals be heard together and consolidated.
12The Tribunal concurs that the issues have been narrowed and that continued constructive discussions between the Parties will result in a scoped Issues List and PO for consideration of the Tribunal.
13The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion this may be a possible path for this matter and understand they may request this mediation at their convenience.
14Accordingly, a Merit Hearing is scheduled to proceed by video hearing for nine days commencing on Tuesday, February 20, 2024 at 10 a.m. to Friday, March 1, 2024.
15Parties 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://meet.goto.com/370987861
Access code: 370-987-861
16Parties 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.
17Persons 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) 1-888-455-1389 or +1(647) 497-9391. The access code is as indicated above.
18Individuals 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
19THE TRIBUNAL ORDERS THAT:
a. The Tribunal Case File Nos. OLT-22-004722 and OLT-23-000061 are hereby consolidated in keeping with Rule 16 of the Ontario Land Tribunal Rules of Practice and Procedure- Consolidation.
b. The Parties shall file the Procedural Order and Issues List no later than 4:30 p.m. on Wednesday, May 10, 2023.
c. A Merit Hearing is scheduled to proceed by video hearing for nine days commencing on Tuesday, February 20, 2024 at 10 a.m. to Friday, March 1, 2024.
d. The Members are not seized but may be spoken to if there are any issues with respect to the implementation of these Orders.
e. No further notice is required.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.