Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
April 19, 2024
CASE NO(S).:
OLT-23-001332
PROCEEDING COMMENCED UNDER subsection 257.65 of the Education Act, R.S.O. 1990, c. E. 2
Appellant:
Building Industry and Land Development Association
Appellant:
Sionito Community Development Corporation 502800 Ontario Non-profit Corp., 1982
Description:
Imposing education development charge
Reference Number:
EDC BL 2023-195
Property Address:
City Wide
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-001332
OLT Lead Case No.:
OLT-23-001332
OLT Case Name:
Building Industry and Land Development Association v. Toronto Catholic District School Board
Heard:
April 10, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Building Industry and Land
Denise Baker
Development Association
Sionito Community Development
Alex Lusty
Corporation 502800 Ontario
Non-profit Corp., 1982
Toronto Catholic District School
Andrew Baker
Board
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON APril 10, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for appeals filed by the Building Industry and Land Development Association (“BILD”) and Sionito Community Development Corporation 502800 Ontario Non-profit Corp., 1982 (“Sionito”) pursuant to s. 257.65 of the Education Act, R.S.O. 1990, c. E.2 (“Act”), concerning Education Development Charges By-law No. 195 (“By-law 195”).
2By-law 195 was enacted and passed by the Toronto Catholic District School Board (“TCDSB”) on November 27, 2023.
3BILD asserts that the TCDSB does not meet the statutory and/or regulatory threshold for being eligible to pass an education development charge by-law.
4Sionito asserts that By-law 195 conflicts with the Development Charges Act, 1997, S.O. 1997, c. 27 regarding exemptions for non-profit housing.
STATUS REQUESTS
5There were no requests for Party or Participant status at the CMC.
OPPORTUNITIES FOR SETTLEMENT
6Counsel for BILD advised the Tribunal that they have not engaged in settlement discussions with TCDSB.
7Counsel for Sionito advised that they are engaged in ongoing settlement discussions with TCDSB but do not have any further update at this time.
POTENTIAL TCDSB MOTION
8Counsel for TCDSB noted that, while TCDSB has not formulated an official position on the matter at this time, they are considering a potential jurisdictional question regarding the Tribunal’s authority to hear certain aspects of the appeals.
9To consider the potential jurisdictional matter noted above, the Tribunal scheduled a one-day Motion Hearing for Friday, July 26, 2024 at 10 a.m. via Video Hearing.
10Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
11Parties 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.
12Persons 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: (Toll Free) 1 (888) 299-1889 or +1 (647) 497-9373. The access code is as noted above.
13Individuals 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 Video Hearing 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.
NEXT STEPS
14At the request of the Parties, the Tribunal hereby directs that the following procedural dates shall govern the filing of motion materials in advance of the Friday, July 26, 2024 Motion Hearing:
a. The TCDSB shall file said Motion with the Tribunal by no later than Wednesday, June 26, 2024;
b. Response Motions, if any, shall be filed with the Tribunal by no later than Friday, July 12, 2024; and,
c. Reply Motions, if any, shall be filed with the Tribunal by no later than Friday, July 19, 2024.
15Should the TCDSB decide not to file the Motion with the Tribunal, the Parties may request that the Motion Hearing be converted to a second CMC for the purposes of finalising a Draft Procedural Order and Issues List, and to schedule a Hearing of Merits.
16The Tribunal directed that, should the Parties request that the Motion Hearing be converted to a second CMC, the Parties file a Draft Procedural Order and Issues List with the Tribunal by no later than Wednesday, July 24, 2024.
ORDER
17THE TRIBUNAL ORDERS that motion materials pertaining to a potential Motion for Directions regarding the Tribunal’s jurisdiction to hear certain aspects of the appeals for this matter be filed in accordance with the following procedural dates:
a. The Toronto Catholic District School Board shall file a Motion with the Tribunal by no later than Wednesday, June 26, 2024;
b. Response Motions, if any, shall be filed with the Tribunal by no later than Friday, July 12, 2024; and,
c. Reply Motions, if any, shall be filed with the Tribunal by no later than Friday, July 19, 2024.
18THE TRIBUNAL ORDERS that a Draft Procedural Order and Issues List be filed with the Tribunal by no later than Wednesday, July 24, 2024.
19There will be no further notice.
“S. Dixon”
s. dixon
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.