Camrost-Felcorp Inc. v. Mississauga (City), 2023 CanLII 80602

ISSUE DATE: August 30, 2023

CASE NO(S).: OLT-22-004386

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

Appellant: Camrost-Felcorp Inc.

Appellant: 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)

Heard: July 18, 2023 by video hearing

APPEARANCES:

Parties

Counsel

City of Mississauga

Raj Kehar Lia Magi

Camrost-Feldcorp

Michael Foderick Jamie Cole in absentia

Sheridan Retail Inc (Dunpar Developments Inc.)

Michael Nemanic Giouzelin Multu

Mississauga I GP Inc. Mississauga II GP Inc. Mississauga III GP Inc. (Mississauga I GP Inc.et al.)

David Bronskill Rodney Gill in absentia

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 18, 2023 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a second Case Management Conference in order to hear submissions from the Parties on next steps with respect to the various appeals brought against By-law No. 0134-2022, the City of Mississauga’s Community Benefits By-law enacted June 22, 2023.

BACKGROUND

2In response to a request to adjourn this proceeding dated May 19, 2023, the Tribunal pursuant to subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, and the Tribunal’s Rules of Practice and Procedure, directed that the consideration of the Dunpar Developments Inc.(Sheridan Retail Inc in this proceeding) appeal challenging the 4% stipulated in By-law No. 0134-2022, be consolidated with the analogous appeal brought by Dunpar against the City of Toronto By-law 1139-2022. A Motion for Determination had been directed in the Memorandum of Oral Decision delivered May 18, 2023 by Member Tuckey, in connection with OLT File OLT-22-004657, (issued June 7, 2023) returnable September 13, 2023, ordering Dunpar to bring a Motion:

”to demonstrate that the issues raised in their appeal, specifically the jurisdiction of the Tribunal (or the City) to vary the 4% CBC prescribed in the City’s By-law, as established in Ontario Reg. 509/20 was within the jurisdiction of the Tribunal”.

3The Consolidation Order, dated June 29, 2023 directs that only the stated grounds of the Dunpar appeal is to be consolidated with the Motion directed for determination of the cited, fundamental common jurisdictional question.

4The Parties to this proceeding, sought and were given confirmation from the Tribunal, herein set out, that in fact their interpretation of the Consolidation Order is correct: that only the matters with respect to the interpretation of the Tribunal’s jurisdiction vis a vis the prescription of 4% pursuant to Ont. Reg 509/20 is subject of the Consolidated Motion, and further that any decision flowing from the Motion will be without prejudice to the issues and appeals brought by Camrost-Felcorp, and Mississauga I GP Inc.et al with respect to By-law No. 0134-2022.

5This confirmation was sought on behalf of the other Appellants who had agreed to not oppose the consolidation upon the undertaking of the without prejudice position extended by Counsel on behalf the City. [For clarity, the June 7, 2023 decision in fact directed two separate Motions, the second dealing with the question of whether it falls within the jurisdiction of the Tribunal to “add or remove, or reduce the scope of an exemption provided in the By-law” pursuant to s. 37(24)(b) of the Planning Act.]

6It was further agreed by all Parties, together with the Tribunal, that the scheduling of further proceedings with respect to the appeals against By-law No. 0134-2022 should follow the issuance of the Decision on the Motion, and the Parties are herein directed to request a date for a CMC when the are prepared to crystalize a draft Procedural Order and Issue List, or otherwise seek the direction of the Tribunal, having assessed the impact on same of the Motion Decision of the Tribunal.

ORDER

7THE TRIBUNAL ORDERS that the scheduling of further proceedings will be suspended until such time as the decision on the Consolidated Motion is final and binding.

8The Tribunal may however be spoken to, or reconvened to address any scoping of issues not impacted by the outcome of the Consolidated Motion.

9The Member is not seized but for the ongoing case management of these appeals.

10Further notice will be given to the Parties when the date for the next proceeding is scheduled.

“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.