Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 23, 2023
CASE NO(S).: OLT-22-004666
PROCEEDING COMMENCED UNDER section 37(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Building Industry & Land Development Association
Appellant: Mattamy Homes Limited
Appellant: 1005 Dundas Street Inc.
Appellant: Enirox Dundas 3015 Inc.
Subject: Community Benefits Charge By-law
Description: New Town of Oakville Community Benefits Charge By-law
Reference Number: By-law 2022-069
Property Address: City Wide
Municipality/UT: Oakville/Halton
OLT Case No: OLT-22-004666
OLT Lead Case No: OLT-22-004666
OLT Case Name: Building Industry & Land Development Association v. Oakville (City)
Heard: April 27, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Town of Oakville
Building Industry and Land Development Association (“BILD”)
Mattamy Homes (“Mattamy”)
1005 Dundas Street Inc. (“1005”)
Enirox Dundas 3015 Inc. (“Enirox”)
Andrew Biggart
Nadia Chandra
Ira Kagan
Chantal deSereville
Denise Baker (in absentia)
Alexandra Whyte
Quinto Annibale (in absentia)
Jennifer Meader
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST AND SHARYN VINCENT ON APRIL 27, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. A total of four entities have filed an appeal against the decision of the Town of Oakville (“Town”) to adopt the Community Benefits Charges By-law No. 2022-069 (“By-law”) pursuant to s. 37(17) of the Planning Act.
2The Town prepared and passed the By-law on September 6, 2022, in response to s. 37(2) of the Planning Act. The effect of the By-law is to impose community benefits charges (“CBCs”) against land to pay for capital costs of facilities, services and matters required because of development or redevelopment.
3The Affidavit of Service sworn on March 30, 2023 is marked as Exhibit 1. No further notice is required.
4There have been no requests for Party or Participant Status.
5Mr. Biggart, Counsel for the Town advised the Tribunal that discussions with the Parties have occurred after the passing of Bill 23.
6Mr. Biggart stated that based on the discussions with the Parties, the Town had anticipated that it would be in a position to present a settlement at the CMC. However, an Issues List was received from Mr. Annibale, Counsel for 1005, identifying an additional six issues.
7On behalf of the Town, Mr. Biggart suggested the following next steps to the Panel:
i. Set a hearing date in the future to address 1005 matters.
ii. Establish a Procedural Order (“PO”) and file with the Tribunal shortly thereafter.
8Ms. Meader, Counsel for Enirox, advised the Tribunal that her client’s issues were largely resolved, the settlement is supported, and any remaining issues will be monitored. Ms. Meader advised that she would not be calling witnesses or presenting evidence.
9Ms. deSereville, Counsel for Mattamy, advised similarly.
10Mr. Kagan, Counsel for BILD, concurred with Mr. Biggart that proposed modifications to the By-law were satisfactory and circulated to all Parties. A settlement had been reached but extended a caution in that he could not definitively advise as to whether the appellant Party 1005 Dundas Inc. was a member of BILD. Counsel for 1005 could not advise.
11Ms. Whyte, Counsel for 1005 confirmed receipt of the proposed settlement. It is the position of 1005 that the Town has discretion to prescribe a CBC less than 4% and is looking to the Tribunal to adjudicate the issue.
12The Tribunal advised the Parties that it was not inclined to set a hearing date until the matter of jurisdiction put forth by 1005 is determined.
13The Tribunal advised that a second CMC would be the appropriate time to determine if any matters remained to be adjudicated, and if finding in the positive, a PO and further hearing date would be addressed.
14The Tribunal directed 1005 bring a Motion to demonstrate that the issues raised in their appeal, specifically the jurisdiction of the Tribunal (or the Town) to vary from the 4% CBC prescribed by By-law 2022-069, as established in Reg. 509/20, falls within the jurisdiction of the Tribunal.
15The Motion will be brought forward in accordance with Rule 10 – Ontario Land Tribunal Rules of Practice and Procedure..
16Accordingly, a Motion Hearing and second CMC is scheduled to proceed by video hearing on Thursday July 6, 2023 at 10:00 a.m.
17On May 17, 2023, the Tribunal was advised that 1005 had withdrawn its appeal.
18As a result, the second CMC can be changed to consider the settlement achieved amongst the Parties.
19Parties 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.
20The video hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
21Persons 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.
22Parties 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
23Individuals 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.
24Individuals 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
THE TRIBUNAL ORDERS that:
25A Hearing, to consider a settlement is scheduled to proceed by video hearing on as set out above in this decision.
26The Members are not seized but may be spoken to through the Case Coordinator if there are any issues with respect to the implementation of this Order.
27No 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.