Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 15, 2023
CASE NO(S).:
OLT-22-004405 OLT-22-004406
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended.
Appellant:
Southwest Georgetown Landowners Group Inc.
Subject:
Development Charges By-law
Description:
New Town of Halton Hills Development Charges By-law
Reference Number:
BL 2022-0042
Property Address:
Town Wide
Municipality:
Town of Halton Hills
OLT Case No:
OLT-22-004405
OLT Lead Case No:
OLT-22-004405
OLT Case Name:
Southwest Georgetown Landowners Group Inc. v. Halton Hills (Town)
PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant:
Southwest Georgetown Landowners Group Inc.
Subject:
Parkland Dedication By-law
Description:
New Town of Halton Hills Parkland Dedication By-law
Reference Number:
BL 2022-0043
Property Address:
Town Wide
Municipality:
Town of Halton Hills
OLT Case No:
OLT-22-004406
OLT Lead Case No:
OLT-22-004406
OLT Case Name:
Southwest Georgetown Landowners Group Inc. v. Halton Hills (Town)
Heard:
May 25, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Town of Halton Hills
D. Germain K. Zelinski
Southwest Georgetown Landowners Group Inc.
Q. Annibale (in absentia) M. Joblin
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON MAY 25, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) for the matters listed below. The Southwest Georgetown Landowners Group Inc. (“SGLG”) has filed appeals against the decision of the Town of Halton Hills (“Town”) to adopt:
a. a Development Charge By-law No. 2022-0042 pursuant to s. 14 of the Development Charges Act (Tribunal File No. OLT-22-004505): and
b. a Parkland Conveyance By-law No. 2022-0043 pursuant to s. 42 (4.9) of the Planning Act (Tribunal File No. OLT-22-004506).
2A third appeal against the decision of the Town to adopt a Community Benefits Charge By-law No. 2022-0044 by the SGLG (Tribunal File No. OLT-22-004507) was withdrawn on May 24, 2023 and is not the subject of this CMC.
3The Affidavit of Service received from the Town sworn May 9, 2022 is Exhibit 1 to these proceedings. No further notice is required.
4There are no additional requests for Party or Participant status at this proceeding.
BACKGROUND
5Mr. Germain, counsel for the Town, provided background with respect to the By-laws under appeal for the benefit of the Tribunal and Parties. Both By-laws were adopted in 2022 after extensive consultation between the Town and interested participants in the process. The Town was able to address many of the issues raised by participants but was not entirely successful.
6Mr. Germain advised the Tribunal that there have been a number of discussions since the appeals were lodged, in an effort to understand, scope and narrow Issues that will find their way into the Procedural Orders (“PO”) Issues List. Discussions to date have been relatively successful as the Issues found in the draft PO presented to the Tribunal are very brief, discrete, and specific to the individual matters under appeal. He noted that the Parties plan to continue discussions on the Issues to determine if there are further opportunities to have them scoped.
7Parties requested that the Tribunal schedule a four-day Merits Hearing to adjudicate these matters.
8Mr. Joblin, counsel for SGLG was in general agreement with the background submissions.
TRIBUNAL FINDINGS
9The Tribunal is prepared to schedule a four-day Merits Hearing on these matters.
10Mr. Germain will finalize and submit the PO to the Tribunal at his earliest convenience.
11These matters are appealed under very different Provincial legislation. Counsel asked under which Rule of the Ontario Land Tribunal Rules of Practice and Procedure (“Rules”) these matters are best adjudicated. Both are of the opinion that the Tribunal is best served by having the “Matters Heard Together” in keeping with Rule 16.3 of the Rules. The Tribunal agrees.
12The Tribunal directs that the Parties prepare a clear Hearing Plan for the benefit of the Member presiding at the Hearing. This Hearing Plan will describe how the Hearing will proceed, what if any evidence is relative to both matters and when each distinct matter is to be heard.
13It is noted that Issue 1 of the draft PO relating to the Parkland Dedication By-law No. 2022-0043 is largely legal and would be argued largely through oral submissions by counsel (although counsel has not yet determined if witnesses will be called).
14The Tribunal directs that the Parties submit a brief outline in respect of the legal arguments (if the Issue remains in dispute) outlining their submission regarding the Park Land Dedication By-law No. 2022-0042 – Issue 1 as illustrated in the PO. This brief submission will be provided to the Tribunal and all Parties no later than 4:30 p.m. November 3, 2023.
15The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion is not required at this time but understand they may request this mediation at their convenience.
MERIT HEARING TECHNICAL DETAILS
16A four-day Hearing will convene on Tuesday, November 14 to 17, 2023, by Video Hearing at 10 a.m.
17Parties 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:
GoTo Meeting: https://meet.goto.com/996288525
Audio-Only Line: 1-888-455-1389 (Toll Free) OR +1 (647) 497-9391
Access Code: 996-288-525
18Parties 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 at: https://app.gotomeeting.com/home.html
19Persons 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 mentioned above.
20Individuals 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:
21A Merits Hearing is scheduled to commence on Tuesday, November 14, 2023 at 10 a.m.
22OLT file Nos. OLT-22-004405 and OLT-22-004406 will be heard together in keeping with Rule 16.3 of the Ontario Land Tribunal Rules of Practice and Procedure.
23The Procedural Order attached as Schedule 1 is in full force and effect.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.
SCHEDULE 1
ISSUE DATE: CASE NO(S).: OLT-22-004405, OLT-22-004406
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act. 1997, S.O. 1997, c. 27, as amended.
Appellant: Southwest Georgetown Landowners Group Inc.
Subject: Development Charges By-law
Description: New Town of Halton Hills Development Charges By-law
Reference: BL 2022-0042
Property Address: Town Wide
Municipality: Town of Halton Hills
OLT Case No.: OLT-22-004405
OLT Lead Case No.: OLT-22-004405
OLT Case Name: Southwest Georgetown Landowners Group Inc. v. Halton Hills (Town)
PROCEEDING COMMENCED UNDER section 42(4.9) of the Planning Act, R.S.O. 1990, c P. 13, as amended.
Appellant: Southwest Georgetown Landowners Group Inc.
Subject: Parkland Dedication By-law
Description: New Town of Halton Hills Parkland Dedication By-law
Reference: BL 2022-0043
Property Address: Town Wide
Municipality: Town of Halton Hills
OLT Case No.: OLT-22-004406
OLT Lead Case No.: OLT-22-004406
OLT Case Name: Southwest Georgetown Landowners Group Inc. v. Halton Hills (Town)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on November 14, 2023 at 10:00 a.m. at https://meet.goto.com/996288525
The parties’ initial estimation for the length of the hearing is 4 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before August 16, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before September 15, 2023 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before September 25, 2023.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before September 29, 2023, the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before September 29, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before October 10, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before October 30, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before October 20, 2023, parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 3, 2023.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or November 7, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is [not] seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
Parties
- Town of Halton Hills
Thomson Rogers
390 Bay Street, Suite 3000
Toronto, ON M5H 1W2
David Germain / Katyrina Zielinski
Email: dgermain@trlaw.com / kzielinski@trlaw.com
Tel: 416-868-3162 / 416-868-3125
- Southwest Georgetown Landowners Group Inc.
Loopstra Nixon LLP
135 Queens Plate Drive, Suite 600
Toronto, ON M9V 6V7
Mark Joblin / Quinto Annibale
Email: mjoblin@loonix.com / qannibale@loonix.com
Tel: 416-748-4756 / 416-748-4757
ATTACHMENT 2
ISSUES LIST
Development Charges By-law 2022-0042
Have the development charges been calculated using a methodology that is reasonable and in compliance with the Development Charges Act with respect to the allocation of the benefit-to-existing development and post-period benefit for the following projects:
- Gellert Community Centre;
- Gellert Community Park Expansion; and
- Outdoor Ice Facility.
Has the Town of Halton Hills used appropriate underlying land values for recreation facilities in determining the quantity and quality of service in accordance with Section 4 of O.Reg. 82/98?
Parkland Dedication By-law 2022-0043
- Should Sections 3 and 4 of the By-law be amended in accordance with Subsections 42(3), (3.3) and (6.0.1) of the Planning Act as amended by the More Homes Built Faster Act, 2022?
ATTACHMENT 3
Order of Evidence
Town of Halton Hills
Southwest Georgetown Landowners Group Inc.
Town of Halton Hills (Reply)