Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2023
CASE NO(S).: OLT-22-004664
PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: D.D. Acquisition Partnership et al
Subject: Parkland Dedication appeals
Description: Parkland Dedication By-law
Reference Number: By-law No. 2022-101
Property Address: City Wide
Municipality/UT: City of Kitchener
OLT Case No.: OLT-22-004664
OLT Lead Case No.: OLT-22-004664
OLT Case Name: D.D. Acquisition Partnership v. Kitchener (City)
Heard: September 6, 2023, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Kitchener | B. Duxbury, K. Hughes |
| Kitchener Stirling Developments Limited, Kitchener Charles Developments Limited | M. McDermid |
| Polocorp Inc. | S. O’Melia |
| Vanmar Developments Inc., Urban Legend Developments Limited | K. Mullin, B. Artus |
| VIVE Development Corporation, King Charles Properties (Kitchener) Limited | K. Mullin, B. Artus |
| 30 Duke Street Limited | J. Meader |
| 2526607 Ontario Limited, Woodhouse Group, Copper Bay Homes, Woodhouse Investments, Vanguard Developments | A. Ciccone |
| 550 King Street GP Inc | A. Ciccone |
| Innovation Developments Kitchener Limited | P. Harrington |
| Lexington Park Real Estate Capital Inc., 2517293 Ontario Limited | K. Sliwa (in absentia), M. Reedijk |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON SEPTEMBER 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal has convened the second Case Management Conference (“CMC”) for the above-noted matter, a total of 17 entities remains as Parties as illustrated in the appearances having filed an appeal against the City of Kitchener (“City”) to adopt the Parkland Conveyance By-law No. 2022-101 (“By-law”) pursuant to s. 42 (4.9) of the Planning Act (Act”).
2The effect of the By-law is to establish the City’s requirements for the conveyance of land for park or other public recreational purposes as a condition of development, redevelopment, or approval of a plan of subdivision. The By-law provides the City’s specific application of the Act’s conditions, including interpretations, exemptions, and requirements of conveyances.
3The Tribunal is advised that two entities have found settlement with the City and have withdrawn their appeal being Momentum Developments Inc. (September 1, 2023) and DD Acquisition Partnerships (September 6, 2023).
BACKGROUND AND GO FORWARD STRATEGY
4The Tribunal received a draft Procedural Order (“PO”) from the City on September 1, 2023. The PO has a consolidated Issues List (“IL”) but remains “a work in progress” and is not sufficiently advanced for the consideration of the Tribunal at this CMC. All Parties have been involved in the construct of the IL.
5Mr. Brian Duxbury, Counsel for the City, provided background with respect to the By-law for the benefit of the Tribunal and Parties. He submitted that it would be prudent to defer discussion on any substantive matters with respect of the Appeals to the By-law until a future CMC. Mr. Duxbury in his submission noted the following reasons for this request.
a. Many of the Bill 23 Amendments applying to s. 42 of the Act have been proclaimed and are now in force. The City is in the process of evaluating the structure of the By-law to ensure it conforms with these changes and Parties are determining how the changes may impact their Appeals.
b. Some of the Bill 42 Amendments applying to s. 42 of the Act have not yet been proclaimed. It is prudent to wait to see how these future changes may impact the By-law and Appeals
c. There have been constructive discussions with Parties as evidenced by the withdrawal of two Appeals. The City and Parties are committed to continue this discussion to determine if there are potential settlements or a reduction of the Issues on the IL.
6At a future CMC, the City will be in a much better position to determine the content of a draft PO which would include matters such as a length of a merits hearing, remaining Appellant Parties and a refined IL.
7All Parties consented to the go forward strategy. The Tribunal agrees.
8The Parties are aware of Tribunal-led mediation, and they may request such mediation at their convenience.
CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS
9A full-day CMC is scheduled to proceed by video on Wednesday, February 21, 2024, at 10 a.m.
10Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
11Parties 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
12Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is as indicated above.
13Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14Accordingly, the Tribunal Orders.
15A full-day Case Management Conference is scheduled to commence at 10 a.m. on Wednesday, February 21, 2024.
16No further notice will be given.
17The Tribunal Member is not seized.
“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.