Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 29, 2023

CASE NOS.: OLT-22-004386 OLT-22-004657

PROCEEDING COMMENCED UNDER section 37(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Camrost-Felcorp Inc. Appellant: Sheridan Retail Inc. (Dunpar Homes) Appellant: Mississauga I GP Inc., Mississauga II GP Inc., Mississauga IIII GP Inc. Subject: Community Benefits Charge By-law Description: New City of Mississauga Community Benefits Charge By-law Reference Number: CBC BL 0134-2022 Property Address: City Wide Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-004386 OLT Lead Case No: OLT-22-004386 OLT Case Name: Camrost-Felcorp Inc. v. Mississauga (City)

PROCEEDING COMMENCED UNDER section 37(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellants: See Schedule 1 and Schedule 2 Subject: Community Benefits Charge By-law Description: New City of Toronto Community Benefits Charge By-law Reference Number: BL 1139-2022 Property Address: City Wide Municipality: City of Toronto OLT Case No: OLT-22-004657 OLT Lead Case No: OLT-22-004657 OLT Case Name: Dunpar Developments Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and the Tribunal’s Rules of Practice and Procedure

ORDER TO CONSOLIDATE

WHEREAS on August 2, 2022, Dunpar Developments Inc. brought an appeal against By-law 0134-2022, being the City of Mississauga's Community Benefits By Law, enacted June 22, 2022 (OLT Case OLT-22-004386);

AND WHEREAS on August 24, 2022, Dunpar Developments Inc. brought an appeal against Bylaw 1139-2022, being the City of Toronto Community Benefits By law enacted August 15th, 2022 (OLT Case OLT-22-004657);

AND WHEREAS common to both appeals is relief being sought from the 4% quantum prescribed in Ontario Regulation 509/20, as contemplated by section 37(9)(b) of the Planning Act, R.S.O. 1990, c. P. 13, as amended;

AND WHEREAS on June 7, 2023, the Tribunal directed Dunpar Developments Inc. to bring a Motion to demonstrate that the issues raised in their appeal, specifically the jurisdiction of the Tribunal (or City) to vary the 4% prescribed in By-law 1139-2022, as established in Ontario Regulation 509/20, falls within the jurisdiction of the Tribunal;

AND WHEREAS Dunpar Developments Inc raises precisely the same contention in its appeal of the City of Mississauga Bylaw 0134-2022, which is governed by the same provision in the Planning Act and Ontario Regulation 506/20;

AND WHEREAS the Tribunal upon receipt and consideration of requests from both the City of Mississauga and the City of Toronto to consider the appeals worthy of consolidation, given the sole Appellant, and in order to ensure the most efficient, cost effective, and consistent outcome;

THE TRIBUNAL HEREIN ORDERS, pursuant to section 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and Rules 1.3, 16.1 and 16.2 of the Tribunals Rules of Practice and Procedure, the Dunpar Development Inc. appeals of By-law 0134-2022 of the City of Mississauga is hereby consolidated with the Motion directed under OLT Case OLT-22-004657, being the Schedule 1 Appeals of the City of Toronto Community Benefits By-law.

Bryan Tuckey Member

Sharyn Vincent Vice Chair

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

Appeal No. 1 Appellant Name: Dunpar Developments Inc. Representative: Luke Johnston and Michael Nemanic