Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 09, 2024
CASE NO(S).: OLT-24-000687
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27.
Appellant: Losani Homes (1998) Ltd.
Description: By-law No. 24-072-Development Charges-Losani Homes (1998) Ltd.
Reference Number: By-law 24-072
Property Address: City-wide
Municipality/UT: City of Hamilton
OLT Case No: OLT-24-000687
OLT Case Name: Losani Homes (1998) Ltd. v. Hamilton (City)
Heard: October 2, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Losani Homes (1998) Ltd.
Jennifer Meader
City of Hamilton
John Hart of behalf of Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON OCTOBER 2, 2024 AND ORDER OF THE TRIBUNAL
1This decision arises from a Case Management Conference (“CMC”).
2Losani Homes (1998) Ltd. has appealed By-law 24-072, being the development charges by law for the City of Hamilton, contending certain irregularities vis-a-vis compliance with the Development Charges Act (“Act”). Ms. Meader had not however provided a draft Issues List, advising that given ongoing discussions with the City, it was expected that a draft would be forth coming in approximately four (4) weeks.
3A party request was filed on behalf of Parkside Hills Inc (“Parkside”), citing concerns “similar to Losani Homes” and in the absence of Scott Snider counsel of record, Ms. Meader addressed the Tribunal on behalf of the requestor.
4The City however contested the granting of party status on the premise that Parkside had not appealed within the statutory period set out under the Act. Mr. Hart requested the indulgence of the Tribunal in that Mr. Biggart had not adequately briefed him to illuminate the basis of the objection. Similarly, given the absence of Mr. Snider, the requestor on behalf of Parkside, the Tribunal agreed to defer any determination of the matter until counsel were respectively in attendance at a subsequent CMC, at which time a draft Procedural Order and Issues List would be tabled for the consideration of the Tribunal.
5Accordingly, a second CMC is scheduled for Friday, December 6, 2024.
6Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
7Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or 1-888-455-1389 . The access code is: 909-787-981.
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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
7A second CMC is scheduled as set out above.
8A draft Procedural Order and Issues List is to be filed no later than Monday, December 2, 2024.
“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.