Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 16, 2023
CASE NO(S).: OLT-22-004529
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27.
Appellant: Ambria (First-Welland) Limited
Reference Number: 2022-165
Property Address: 744 First Avenue
Municipality/UT: Welland/Niagara
OLT Case No: OLT-22-004529
OLT Lead Case No: OLT-22-004529
OLT Case Name: Ambria (First-Welland) Limited v Welland (City)
Heard: May 4, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Ambria (First-Welland) Limited, Primont (Thorold/Welland) Inc.
A. Platt
City of Welland
C. Williams, A. Gajaria
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MAY 4, 2023 AND FINAL ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in the matter of the appeal by Ambria (First-Welland) Limited and Primont (Thorold/Welland) Inc. (“Applicants” / “Appellants”) from the decision of the City of Welland (“City”) regarding Development Charges By-law No. 2022-165 (“DCBL”) under Section 14 of the Development Charges Act (“DCA”), as it relates to the properties located at 744 First Avenue, 436 Quaker Road and 0 Quaker Road.
2According to the Appellants “the DCBL does not include specific language or a mechanism for a collective group of landowners to repeal of the area specific charges should a Cost Sharing Agreement be formed and signed”. The language contained in the Recommendation Report (Report P&B-2022-47) dated August 18, 2022 for the Special Council Meeting was omitted from the DCBL.
STATUS REQUEST
3The Tribunal did not receive any Status Requests for this CMC.
MEDIATION
4The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve the issues in the appeal, and whether they are interested in mediation. Counsel indicated that the Parties are working towards a resolution that may result in the Appeal being withdrawn. The Tribunal reminded the Parties that Tribunal-assisted mediation is available to them, and that should they reach a point where mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
5Counsel indicated that they had a number of discussions between the Parties and there might be a resolution, but it is unlikely to happen in the immediate future. The Parties requested that a date be set in January of 2024 for a two-day Hearing.
6Given, that the Parties are in discussions for a potential resolution, the Tribunal finds that setting Hearing dates are premature at this point. The Tribunal directed the Parties to provide an update within 60 days.
ORDER
7The Tribunal Orders the Parties to provide a status update within 60 days from the date of this CMC.
8There will be no further notice.
9This Member is not seized.
“P. Tomilin”
p. tomilin
MEMBER
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.