Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 11, 2023
CASE NO(S).: OLT-22-004519
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Dunpar Developments Inc.
Subject: Development Charges By-law
Description: New Town of Oakville Development Charges By-law
Reference Number: DC BL 2022.068
Property Address: Town Wide
Municipality: Town of Oakville
OLT Case No.: OLT-22-004519
OLT Lead Case No.: OLT-22-004519
OLT Case Name: Dunpar Developments Inc. v. Oakville (Town)
Heard: September 14, 2023 by Telephone Conference Call
APPEARANCES:
Parties
Counsel
Dunpar Developments Inc. (“Dunpar”/“Appellant”)
M. Nemanic G. Mutlu L. Johnston (in absentia)
Town of Oakville (“Town”/“Oakville”)
N. Chandra A. Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON SEPTEMBER 14, 2023 AND ORDER OF THE TRIBUNAL
1This second Case Management Conference (“CMC”) was convened for Dunpar’s appeal to Oakville’s Town-wide Development Charges By-law No. 2022.068.
2This CMC was intended to endorse a completed Procedural Order (“PO”) but the Town continues to seek revisions and, with the consent of Dunpar, requested one more month to refine the wording in the Issues List (“IL”). Other than the IL, the Parties agree with, and the Tribunal accepts, the rest of the draft PO prepared by Dunpar, including the document exchange timelines.
3At the request of the Parties, the Tribunal directed that brief oral submissions will be heard at the next CMC should disagreement remain on the IL, after which a Decision will issue with the Tribunal-approved PO, including the IL and hearing dates.
4If both Parties’ consent is reached on the IL before the next CMC, Dunpar is directed to submit it to the Tribunal before the CMC. Alternatively, if agreement is not reached, each Party is directed to file with the Tribunal its preferred version of the IL on or before Friday, October 20, 2023.
5The CMC will be held on Tuesday, October 24, 2023 at 10 a.m. by Video Hearing. No further Notice will be given, and this Member is not seized.
6Parties and Participants 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.
https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
7Parties 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: https://app.gotomeeting.com/home.html
8Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
9Individuals 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.
10The Tribunal Orders its directions as set out above.
“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.