CORRECTION NOTICE
OLT CASE NO(S).: OLT-23-001162
DECISION ISSUE DATE(S): March 11, 2024
CORRECTION NOTICE ISSUE DATE: April 22, 2024
RE: Mattamy (Danforth) Limited v. Toronto (City)
Correction to: The Video Hearing access code shown on the bottom line of paragraph 6.
Originally:
Corrected to:
6[…]
Access code: 687-587-165
6[…]
Access code: 979-388-733
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ISSUE DATE:
March 11, 2024
CASE NO(S).:
OLT-23-001162
PROCEEDING COMMENCED UNDER subsection 22(2) of the Development Charges Act, 1997, S.O. 1997, c. 30.
Applicant/Appellant:
Mattamy (Danforth) Limited
Subject:
Residential Development
Description:
Determination of the development charges
Reference Number:
20 123330 BLD 00 NB, 20 123332 BLD 00 NB,
20 123334 BLD 00 NB, 20 123335 BLD 00 NB,
and 20 123336 BLD 00 NB
Property Address:
2787 Eglinton Avenue East
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-001162
OLT Lead Case No:
OLT-23-001162
OLT Case Name:
Mattamy (Danforth) Limited v. Toronto (City)
Heard:
March 7, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Mattamy (Danforth) Limited (Appellant)
Andrew Jeanrie
City of Toronto
Gabe Szobel
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON MARCH 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Mattamy (Danforth) Limited, concerning a development charges complaint. The appeal arises following the City’s failure to deal with the complaint within the prescribed timelines.
2The Appellant has paid $7,501,775.02 in development charges, but takes the position that this amount is significantly more than what was owed pursuant to a related agreement between the Parties. More specifically, the dispute between the Parties is centered on differences of opinion respecting the correct interpretation of a certain clause in said agreement.
3Apart from this disagreement, there is nothing else in dispute. Consequently, the Parties jointly request that the matter be determined by way of a Motion to determine a question of law and resulting Order to either dismiss the appeal or grant the requested refund.
PROCEDURE
4Procedurally, the Parties suggest that a date be set to hear the Motion, preceded by an exchange of Motion materials. They further submit that the need for a typical Procedural Order is therefore not required.
5The Tribunal agrees with the proposed procedure, finding that it is the most straightforward and efficient method to deal with the matter. As a result, and upon request of the Parties, the Tribunal orders the Motion to be heard on Monday, July 8, 2024, at 10 a.m. by Video Hearing (“VH”). No further Notice is required.
6Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
3 OLT-23-001162
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 687-587-165
7Parties and 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
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 in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated in paragraph 6 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10Additionally, the Tribunal orders the following materials to be served and filed on the following dates:
the Appellant’s Motion Record, including Notice of Motion, Affidavit Evidence, and Factum, shall be filed and served by June 7, 2024;
the City’s Responding Motion Record, including Affidavit Evidence and Factum, shall be filed and served by June 21, 2024; and
the Appellant’s Reply materials, if any, including Affidavit Evidence and Factum, shall be filed and served by June 28, 2024.
11For clarity, the Parties do not expect any need for cross-examination, given their discussions to date and their apparent understanding that there are no factual issues in dispute. However, in the event that something unexpectantly arises in this regard, and to ensure that no Tribunal time is required to deal with cross-examinations, the Parties agree that cross-examinations shall take place with a court reporting service and the Parties will then file the resulting transcripts with the Tribunal as part of the record. The Tribunal finds this acceptable and orders the same.
12The Member is not seized but may be spoken to through the Case Coordinator if any issues should arise.
“K.R. Andrews”
K.R. ANDREWS
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.