Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2023
CASE NO(S).: OLT-23-000169
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Rizmi Holdings Limited; Lucia Milani; and Lucia Milani, in Trust
Description: Development Charges By-law No. 109-2022
Reference Number: BL 109-2022
Property Address: City-Wide Development Charges
Municipality/UT: Vaughan/York
OLT Case No.: OLT-23-000169
OLT Lead Case No.: OLT-23-000169
OLT Case Name: Rizmi Holdings Limited v. Vaughan (City)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: 2748355 Canada Inc.
Appellant: RP B3S Holdings Inc.
Description: Development Charges By-law No. 115-2022
Reference Number: BL 115-2022
Property Address: Area Specific Development Charges -VMC Interchange SWM Pond Retrofit Works
Municipality/UT: Vaughan/York
OLT Case No.: OLT-23-000248
OLT Lead Case No.: OLT-23-000169
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: 2748355 Canada Inc.
Appellant: RP B3S Holdings Inc.
Description: Development Charges By-law No. 120-2022
Reference Number: BL 120-2022
Property Address: Area Specific Development Charges -VMC Jane Street Sanitary Trunk Sewer Improvements
Municipality/UT: Vaughan/York
OLT Case No.: OLT-23-000249
OLT Lead Case No.: OLT-23-000169
Heard: June 13, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Rizmi Holdings Limited, Lucia Milani, and Lucia Milani in Trust
M. Di Vona
2748355 Canada Inc. and RP B3S Holdings Inc.
P. Duffy
City of Vaughan
B. Engell, C. Tashos and A. Grigorescu (student-at-law)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JUNE 13, 2023 AND ORDER OF THE TRIBUNAL
Introduction
1This first Case Management Conference (“CMC”) was convened for appeals to three Development Charges By-laws (“DCBL”) passed by the City of Vaughan (“City”) in 2022:
- Rizmi Holdings Limited, Lucia Milani, and Lucia Milani in Trust (“Rizmi and Milani”) appealed the City-wide DCBL 109-2022; and
- 2748355 Canada Inc. and RP B3S Holdings Inc. (“274 and B3S”) appealed the Vaughan Metropolitan Centre DCBLs 115-2022 and 120-2022.
DCBL 109-2022
2Rizmi and Milani advised, with consent of the City, that they are pursuing Tribunal-led mediation for the appeals to DCBL 109-2022 to explore a settlement. With the timing and results of mediation unknown, the Parties will contact the Case Coordinator when a further CMC or hearing are desired.
DCBL 115-2022
3274 and B3S advised, with consent of the City, that detailed studies and discussions will proceed for stormwater facilities on the Appellants’ lands, resulting in their request to adjourn sine die the appeals to DCBL 115-2022. The Parties will contact the Case Coordinator when a further CMC or hearing are desired.
DCBL 120-2022
4274 and B3S withdrew their appeals to DCBL 120-2022 by letter dated June 2, 2023. As the two Appellants to DCBL 120-2022 have withdrawn their appeals, the City advised that DCBL 120-2022 is in force and effect, and that no corresponding Order is required of the Tribunal, other than to confirm that all appeals have been withdrawn. The Tribunal confirmed that no appeals remain to DCBL 120-2022.
Not Hearing Together
5Notice of this CMC was issued by the Tribunal through a combined Notice for the appeals to these three DCBLs. The Parties raised no issues with Notice.
6No requests for Party or Participant status were received. The Parties to each respective DCBL are those identified in this Decision.
7The Parties advised that these appeals need not be heard together and may be separated given no connection or overlap in issues, no common Appellants between the DCBLs, and the separate discussions which may lead to settlement will unfold according to timelines unique to the issues under each DCBL.
8The Tribunal agreed and directed that any subsequent CMCs or merit hearings for DCBL 109-2022 and DCBL 115-2022 will be held separately, unless the Parties request otherwise.
9No further Notice will be given, other than the Tribunal will advise the respective Parties for the DCBL being considered, of the timing and connection details for a further CMC or hearing event, if/when scheduled.
ORDER
10The Tribunal Orders its findings and directions as noted above.
11This Member is not seized, but may be contacted through the Case Coordinator should procedural issues arise.
“S. Tousaw”
S. tousaw
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.