Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 22, 2024
CASE NO(S).: OLT-24-000715
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Branthaven Development Corporation
Description: Appeal of Change to Development Charges
Reference Number: Development Charges By-law 41-2024
Property Address: City - Wide
Municipality/UT: City of Burlington/ Region of Halton
OLT Case No.: OLT-24-000715
OLT Lead Case No.: OLT-24-000715
OLT Case Name: Branthaven Development Corporation v. Burlington (City)
Heard: September 26, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Branthaven Development Corporation | Denise Baker |
| City of Burlington | Andrea Peebles Hannah Ruby |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON SEPTEMBER 26, 2024 AND THE ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was convened with respect to an appeal pursuant to s. 14 of the Development Charges Act regarding Development Charges By-law No. 41-2024 passed by the City of Burlington on May 21, 2024. The Development Charges By-law No. 41-2024 is applicable to all lands in the City of Burlington.
PARTIES
2The statutory Parties are the City of Burlington (“City”) and Branthaven Development Corporation (“Appellant”). The Tribunal did not receive any request for Party or Participant status.
MEDIATION AND SECOND CASE MANAGEMENT CONFERENCE
3The Appellant expressed an interest in a mediation assessment and submitted that time is required to determine whether mediation will proceed and for it to take place. A second CMC date was requested by the Parties. A second CMC is scheduled to proceed by video on Thursday, November 21, 2024, at 10 a.m.
4Parties and/or Participants 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/519389173
Access code: 519-389-173
5Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
6Persons 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) 497-9373 or (toll-free) 1-888-299-1889. The access code is: 519-389-173.
7Individuals 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
8THE TRIBUNAL ORDERS that:
a. A second Case Management Conference shall proceed on Thursday, November 21, 2024, at 10 a.m. by video.
9There shall be no further notice.
10This member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.