Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 06, 2024
CASE NO(S).: OLT-23-001029
PROCEEDING COMMENCED UNDER subsection 22(1) of the Development Charges Act, 1997, S.O. 1997, c.27, as amended
Applicant/Appellant: Arnprior Bay Property Limited
Subject: Industrial Building Expansion
Description: Determination of the development charges
Reference Number: DC By-law 7369-23
Property Address: 124 Fourth Avenue
Municipality/UT: Town of Arnprior / County of Renfrew
OLT Case No.: OLT-23-001029
OLT Lead Case No.: OLT-23-001029
OLT Case Name: Arnprior Bay Property Limited v. Arnprior (Town)
Heard: February 13, 2024 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Arnprior Bay Property Limited (“Appellant”) | Phillip Osterhout |
| Town of Arnprior (“Respondent”) | Laura Robinson |
MEMORANDUM OF ORAL DECISION DELIVERED BY ROBERT G. ACKERMAN ON FEBRUARY 13, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Hearing event is the first Case Management Conference (“CMC”) conducted in this Appeal from the Decision of the Council for the Town of Arnprior (the “Town”) dismissing the Complaint of the Appellant made pursuant to subsection 20(1) of the Development Charges Act (the “Act”). The Town had received the Complaint from the Appellant regarding the calculation of development charges payable in connection with the proposed development of a self-storage facility at the property municipally known as 124 Fourth Avenue (the “Subject Property”). The Subject Property is improved with an existing industrial building. Town Staff calculated that development charges in the sum of $207,608.75 are payable with respect to the proposed development. The Complaint stated the position of the Appellant that no development charges are payable as the development proposal falls under an exception for the enlargement of the Gross Floor Area of an existing industrial building, as set out in Section 3.10 of the Town’s By-law No. 6805-18.
PROCEDURAL ORDER
2Counsel for both Parties advised that they were seeking to schedule a two-day VH for the Hearing of the Appeal on the Merits. Counsel agreed to cooperate in the preparation and submission of a draft Procedural Order (“PO”) following the CMC. Following consultation, respecting the Tribunal’s calendar, and the availability of the Parties and Counsel, a two-day Hearing on the Merits, by VH, was agreed upon, commencing on Thursday, June 13, 2024, and concluding on Friday, June 14, 2024.
3The Tribunal has subsequently received and reviewed the draft of the PO, List of Parties, Issues List and Order of Evidence. The fixed dates for the Hearing on the Merits and for the Pre-Hearing timeline are now provided in the PO appended to this Decision. The coordinates for the Hearing on the Merits are set out below in this Decision.
4Appended to this Decision as Schedule 1 is the PO, which will now govern all further Pre-Hearing procedural requirements and the Hearing of the Appeal on the Merits.
5Appended to this Decision as Attachment 1, Attachment 2 and Attachment 3 respectively, are the List of Parties, the Issues List and the Order of the Evidence, which shall govern the conduct of the Hearing on the Merits.
HEARING – June 13 to june 14, 2024
6For the two-day VH, commencing on Thursday, June 13, 2024, at 10 a.m. and continuing to Friday, June 14, 2024, the Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
Audio-only Telephone Line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889
Audio-only Access Code: 519-389-173
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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
8Persons 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 provided 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 VH 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 ORDERS THAT the Procedural Order appended as Schedule 1 to this Decision shall govern the conduct of this proceeding and that the List of Parties, the Issues List and the Order of the Evidence, appended as Attachment 1, Attachment 2 and Attachment 3 respectively, shall govern the conduct of the Hearing of the Appeal on the Merits.
“Robert G. Ackerman”
ROBERT G. ACKERMAN
MEMBER
Ontario Land Tribunal
Website: 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
CASE NO(S).: OLT-23-001029
PROCEEDING COMMENCED UNDER subsection 22(1) of the Development Charges Act, 1997, S.O. 1997, c.30, as amended
Applicant/Appellant: Arnprior Bay Property Limited
Subject: Industrial Building Expansion
Description: Determination of the development charges
Reference Number: DC By-law 7369-23
Property Address: 124 Fourth Avenue
Municipality/UT: Town of Arnprior / County of Renfrew
OLT Case No.: OLT-23-001029
OLT Lead Case No.: OLT-23-001029
OLT Case Name: Arnprior Bay Property Limited v. Arnprior (Town)
PROCEDURAL ORDER
- Any date or deadline contemplated in this Procedural Order may be amended by agreement of the parties, or by the Tribunal upon request of the parties.
Organization of the Hearing
The video hearing will begin on June 13, 2024 at 10 a.m.
The parties’ initial estimation for the length of the hearing is 2 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before February 27, 2024 and in accordance with paragraph 17 below. Any party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraphs 9, 10 & 11 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
On or before March 29, 2024, the Appellant shall provide copies of its witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 17 below.
On or before April 19, 2024, the Town shall provide copies of its witness and expert witness statements, including any response to the appellant’s witness statements, to the other parties and to the OLT case co-ordinator and in accordance with paragraph 17 below.
On or before May 10, 2024, the Appellant shall provide to the other parties and to the OLT case co-ordinator, in accordance with paragraph 17 below, any written response to the Town’s witness statements.
On or before 21 days prior to the start of the hearing the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 10 days prior to the start of the hearing.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides a witness statement or expert report to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 7 days prior to the start of the hearing with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All service and filings shall be electronic copy. Hard copies will be provided to the Tribunal at its request. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
Attachment 1
List of Parties
1. Arnprior Bay Property Limited (Appellant)
Soloway Wright LLP 700-427 Laurier Avenue West Ottawa, ON K1R 7Y2 Philip Osterhout Tel: 613-782-3202 Fax: 613-238-8507 posterhout@solowaywright.com
2. Town of Arnprior
BORDEN LADNER GERVAIS LLP 100 Queen Street, Suite 1300 Ottawa, ON K1P 1J9 Emma Blanchard Tel: 613.369.4755 Fax: 613.230.8842 eblanchard@blg.com Laura E. Robinson Tel: 613.369.4754 Fax: 613.230.8842 lrobinson@blg.com
Attachment 2
Issues List
What is the applicable Town by-law for the purposes of calculating development charges for the development?
Is the existing building an “existing industrial building” within the meaning of section 4 of the Development Charges Act, 1997, S.O. 1997, c. 30, as amended, and O. Reg.82/98?
a. If so, is the development an enlargement of the existing industrial building?
- Is the existing building an “existing industrial or commercial building” within the meaning of section 3.10 of Development Charge By-law 6805-18?
a. If so, is the development an enlargement of an existing industrial or commercial building?
What consideration, if any, should be given to Development Charge By-law 7365-23?
What is the appropriate amount of development charges payable with respect to the development?
a. Is the Appellant entitled to a refund on development charges paid and, if so, in what amount?
Attachment 3
Order of Evidence
Arnprior Bay Property Limited (Appellant)
Town of Arnprior
Appellant Reply, if any.