Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 17, 2023
CASE NO(S).: OLT-22-004552
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Chatham-Kent Home Builders' Association
Appellant: Hensar Corporation
Appellant: Jodamar Properties
Appellant: Maple City Homes Inc.
Description: Development Charges By-law No. 149-2022
Property Address: Municipal Wide
Municipality: Municipality of Chatham-Kent
OLT Case No.: OLT-22-004552
OLT Lead Case No.: OLT-22-004552
OLT Case Name: Chatham-Kent Home Builders’ Association v. Chatham-Kent (Municipality)
Heard: September 8, 2023 by Telephone Conference Call
APPEARANCES:
Parties
Counsel*/Representatives
Municipality of Chatham-Kent
Paul DeMelo*
Chatham-Kent Home Builders’ Association
P. Lombardi*
Maple City Homes Inc.
P. Lombardi*
Jodamar Properties
S. Pickard*
Hensar Corporation
H. Regts (self-represented) in absentia
MEMORANDUM OF ORAL DECISION DELIVERED BY W. Daniel best ON september 08 2023 AND ORDER OF THE TRIBUNAL
1On consent of the parties, the Tribunal scheduled this Telephone Conference Call (“TCC”) to update the Tribunal on the appeals related to the Municipality of Chatham-Kent (“Municipality”) Development Charges By-law No. 148-2022 (“By-law”).
2The effect of the By-law is to establish Development Charges (“DC”) payable to help fund growth-related infrastructure works required to meet the increased need for services resulting from anticipated population and employment growth. The Development Charges By-Law (“DC By-law”) applies to all residential and non-residential development in the Municipality subject to limited exemptions as set out in the By-law.
3The By-law was passed by the Council for the Municipality on August 8, 2022.
4Appeals were filed pursuant to s. 14 of the Development Charges Act (“DCA”). The Tribunal notes that the Appeals are not site-specific but subject to the whole of the Municipality.
5At the Case Management Conference (“CMC”) heard on April 20, 2023, the following items required follow-up:
a. Status update by the Parties.
b. Granting of participant status; and
c. Review of a draft Procedural Order (“PO”) and scoped Issues List (“IL”)
6Paula Lombardi provided an update that Kevin Owen has been determined to be the one representative for all the participants. There being no concerns identified and on the consent of the Parties, the Tribunal granted Mr. Owen Participant status.
7On consent of the Parties, Ms. Lombardi advised the Tribunal that there continues to be positive discussions in narrowing the issues.
8The Parties are aware of Tribunal-led mediation but feel it would be premature to consider given the IL and no direction has been received from their respective clients.
9The Tribunal was presented with a PO prior to the CMC. The Tribunal requested that a revised draft PO be submitted, on consent, to ensure that the issues of all Parties are included and that appropriate dates for the exchange of documents and meetings of expert witnesses are reflected. Counsel for the Appellant was directed to submit the draft PO to the Case Coordinator by the end of the day Friday, September 15, 2023.
10Due to unforeseen circumstances, Counsel for the Appellant has been unable to submit the Draft PO to the Case Coordinator by the September 15, 2023 deadline.
11To assist the Parties, the Tribunal directs that a draft PO be submitted to the Case Coordinator by the end of the day Friday, October 27, 2023.
12On consent of the Parties and based on the discussions during the CMC regarding the scope of the issues, the Tribunal determined it would be reasonable to schedule the Hearing for seven days.
13The seven-day hearing is scheduled to proceed by video on Wednesday, May 15, 2024 at 10 a.m. and continuing to Friday, May 24, 2024.
14Parties 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/692665589
Access code: 692-665-589
15Parties 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.
16Persons 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.
17Individuals 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.
ORDER
18The Tribunal orders its directions and rulings as set out above.
19There will be no further notice.
20The Member is not seized but may be spoken to through the Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
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.