Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
May 19, 2023
CASE NO(S).:
OLT-22-004552
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant:
Chatham-Kent Home Builders' Association
Appellant:
Hensar Corporation
Appellant:
Jodamar Properties
Appellant:
Maple City Homes Inc.
Description:
Development Charges By-law No. 149-2022
Property Address:
Municipal Wide
Municipality:
Municipality of Chatham-Kent
OLT Case No.:
OLT-22-004552
OLT Lead Case No.:
OLT Case Name:
OLT-22-004552
Chatham-Kent Home Builders’ Association v. Chatham-Kent (Municipality)
Heard:
April 20, 2023, by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Municipality of Chatham-Kent
D. Taylor and E. Crawford
Chatham-Kent Homebuilders’ Association
P. Lombardi
Maple City Homes Inc.
P. Lombardi
Hensar Corporation
H. Regts (self-represented)
Jodamar Properties
S. Pickard
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON APRIL 20, 2023 AND ORDER OF THE TRIBUNAL
Purpose
1The Tribunal convened its first Case Management Conference (“CMC”) for appeals related to the Municipality of Chatham-Kent (“Municipality”) Development Charges By-law No. 148-2022 (“By-law”).
2The effect of the By-law is to establish Development Charges (“DC”) payable to help fund growth-related infrastructure works required to meet the increased need for services resulting from anticipated population and employment growth. The Development Charges By-Law (“DC By-law”) applies to all residential and non-residential development in the Municipality subject to limited exemptions as set out in the By-law.
3The By-law was passed by the Council for the Municipality on August 8, 2022.
4Appeals were filed pursuant to s. 14 of the Development Charges Act (“DCA”). The Tribunal notes that the Appeals are not site-specific but subject to the whole of the Municipality.
Parties
5The statutory Parties are the Chatham-Kent Homebuilders’ Association (“Association”); Maple City Homes Inc. (“Maple”); Jodamar Properties Inc. ; Hensar Corporation and the Municipality.
Participants
6A total of 25 Participant requests were received outlining similar concerns.
7No Participants attended the CMC. Given the number of Participants requesting status, the Parties sought to defer to the next meeting in the granting of participant status.
8Paula Lombardi, Counsel for the Association and Maple, advised the Tribunal that given the similarity of the Participant’s concerns, she would attempt to coordinate and have a combined Participant request come to the Tribunal for consideration.
9The Tribunal agrees with the Parties to defer the matter of granting Participant status until the next CMC.
Mediation
10The Parties are aware of the availability of Tribunal-led mediation. The Parties advised of their ongoing discussions and willingness to consider mediation as issues unfold. The Parties stated that they are hopeful of a potential settlement.
Overview and Next Steps
11The Tribunal directs that a revised final draft of the Procedural Order (“PO”) is to be submitted to the Tribunal Case Coordinator no later than 4:30 p.m. on Friday, August 11, 2023. Should there be an absence of agreement among the Parties on the Consolidated Issues List, the matter shall be spoken to at the second CMC.
12The Tribunal is prepared to schedule a full-day CMC commencing on Friday, August 18, 2023, at 10 a.m. Topics to be addressed at the August 18, 2023 CMC include:
Status update by the Parties
Granting of Participant Status
Review of Draft PO and Scoped Draft Issues List
CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS
13A full-day CMC commencing on Friday, August 18, 2023, by VH at 10 a.m.
14Parties and Participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.
https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
15Persons 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 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
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
17Individuals 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
18The Tribunal orders its directions and rulings as set out above.
19A one-day Case Management Conference is to convene on Friday, August 18, 2023, at 10 a.m. by video hearing.
20A revised draft Procedural Order for the merits hearing will be submitted to the Tribunal’s Case Coordinator no later than 4:30 p.m. on Friday, August 11, 2023.
21The Member may be spoken to through the Tribunal’s Case Coordinator if there are any issues with respect to the implementation of these orders.
22No further notice will be given.
23The Member is not seized.
“W. Daniel Best”
W. Daniel Best
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.