Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 16, 2024
CASE NO(S): OLT-21-001234
PROCEEDING COMMENCED UNDER subsection 42(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Mattamy (Mount Pleasant North) Ltd.
Description: Determination of the value of land – payment under protest
Reference Number: SP17-126.000
Property Address: 1-55 Summer Wind Lane
Municipality: City of Brampton
OLT Case No.: OLT-21-001234
OLT Lead Case No.: OLT-21-001234
OLT Case Name: Mattamy (Mount Pleasant North) Ltd v. Brampton (City)
Heard: December 03, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Mattamy (Mount Pleasant North) Ltd. | Andrew Jeanrie Stephanie Brazzell (in absentia) |
| City of Brampton | Matthew Rea |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason ON December 3, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference was held to prepare for the hearing of an appeal pursuant to s. 42(12) of the Planning Act, R. S. O. 1990, c. PO.13, as amended, for determination of the value of the cash-in-lieu of parkland contribution with respect to the property located at 1-55 Summer Wind Lane, in the City of Brampton (“Subject Property”). Mattamy (Mount Pleasant North) Ltd. is the developer of the Subject Property and paid the parkland contribution under protest on July 22, 2021, upon applying for a building permit.
NOTICE
2Notice of the CMC was provided by the Tribunal and was marked as Exhibit 1.
PROCEDURAL ORDER
3The Parties jointly provided a draft Procedural Order (“PO”) in advance of the CMC. Having reviewed the PO and discussed same with the Parties, the Tribunal directs that the PO attached as Schedule 1 to this Decision shall govern the proceedings.
OPPORTUNITIES FOR SETTLEMENT
4The Parties advised the Tribunal that they have actively discussed resolution of the matter and will continue to do so. The Parties will advise the Tribunal if they would benefit from mediation.
HEARING DATES
5Based on the request of the Parties and a discussion of the estimated number of witnesses expected, the Tribunal scheduled a two-day hearing set to commence on Thursday, May 8, 2025 at 10 a.m. by video hearing.
6Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
7Parties 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 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.
ORDER
10The Tribunal’s directions set out above are so ordered.
11This member remains available to assist the Parties for case management purposes, subject to the Tribunal’s calendar.
“A. Mason”
A. MASON 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.
SCHEDULE 1