Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 12, 2024
CASE NO(S).: OLT-23-000749
PROCEEDING COMMENCED UNDER section 37(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: 1602850 Ontario Ltd.
Appellant: Building Industry and Land Development Association (BILD)
Subject: Community Benefits Charge By-law
Description: New City of Mississauga Community Benefits Charge By-law
Reference Number: By-Law No. 40-23
Property Address: Town-Wide
Municipality/UT: Town of Innisfil
OLT Case No: OLT-23-000749
OLT Lead Case No: OLT-23-000749
OLT Case Name: 1602850 Ontario Ltd. v. Innisfil (Town)
Heard: January 8, 2024, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Building Industry and Land Development Association (BILD) | Ira Kagan |
| 1602850 Ontario Ltd. | Alan Heisey |
| Town of Innisfil | Lee Parkin |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON JANUARY 8, 2024, AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) in respect of the appeals by the Building Industry and Land Development Association (“BILD”) and 1602850 Ontario Ltd. (“Cortel”) (together “Appellants”). The Appellants filed overlapping appeals pursuant to s. 37(17) of the Planning Act (“Act”) against the Town of Innisfil (“Town”) Community Benefit Charge By-Law No. 040-23 (“CBC By-law”).
2BILD and Cortel both appeal the CBC By-Law on the grounds of indexing and the choice of rate. Cortel has an additional ground of appeal with respect to the timing and date of payment.
3The Tribunal served Notice on December 5, 2023, and no further notice is required.
4There are no additional requests for Party or Participant status at this proceeding.
MEDIATION
5The Parties advised that they wished to avail themselves of Tribunal led-mediation to assist in narrowing or resolving the issues in dispute. As such, the Tribunal will hold the matter in abeyance pending the outcome of the mediation.
ORDER
6The Tribunal orders the Parties to provide a written update to the Case Coordinator in 120 days, being Monday, April 29, 2024, on the status of the mediation discussions and whether hearing dates are required.
“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.