Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 04, 2024
CASE NO(S).: OLT-21-001147
PROCEEDING COMMENCED UNDER subsection 42(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Eden Oak (Creditview Heights) Inc.
Subject: Cash In-Lieu - Eden Oak (Creditview Heights) Inc.
Description: To permit a residential subdivision of 31 units and stormwater management ponds.
Reference Number: D12SUB08.0001 and 24T-08001/H
Property Address: 106 Park Street East
Municipality/UT: Halton Hills/Halton
OLT Case No: OLT-21-001147
OLT Lead Case No: OLT-21-001147
OLT Case Name: Eden Oak (Creditview Heights) Inc. v. Halton Hills (Town)
Heard: June 20, 2024, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Eden Oak (Creditview Heights) | H. Arnold |
| Town of Halton Hills | D. Germain |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON AND JACKIE DENYES ON JUNE 20, 2024, AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) relating to appeals brought pursuant to s 42(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Planning Act”) relating to an amount of cash in-lieu of parkland being required by the Town of Halton Hills (“Town”) being disputed as too high. The appeal has been filed by Eden Oak (Creditview Heights) (“Appellant”) regarding the property located at 106 Park Street East, Halton Hills (“Subject Property”).
2The Appellant has stated that it is in the process of hiring an appraiser to conduct a second appraisal of the Subject Property in the next few months. They will share the results of the appraisal with the Town to determine the next steps of the appeal. The Town agrees with this process.
3Both parties have stated that a second CMC should be held following the second appraisal to finalize the issue(s).
NOTICE
4The Tribunal’s Administrative Notice for the CMC, signed on May 6, 2024, has been marked as Exhibit 1 on consent of the Parties.
STATUS REQUESTS
5No additional Party Status requests were received by the Tribunal.
6No Participant Status requests were received by the Tribunal.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
7Tribunal-led mediation was offered. The Appellant advised the Tribunal that discussions may be possible once they have received the second appraisal and are not requesting Tribunal assisted mediation at this time.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
8Prior to the commencement of the CMC, the Appellant submitted a draft Procedural Order (“PO”). The PO lacks deadlines and contains a single issue.
9An updated PO will be submitted by the Appellant following the second appraisal and a review by the Town.
10The Parties have agreed to submit a PO by end of day September 14, 2024 (10 days prior to the second CMC).
SCHEDULING
11The Tribunal scheduled a second CMC for Tuesday, September 24, 2024, at 10 a.m. by video conference.
12In an effort to move this long-standing Appeal forward, a consecutive 3-day hearing for OLT-21-001147 is scheduled to begin on Wednesday, November 20, 2024, at 10 a.m. by video conference.
[13] The hearings are scheduled to proceed by video as follows: Tuesday, September 24, 2024 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Wednesday, November 20, 2024, at 10 a.m. GoTo Meeting: https://meet.goto.com/348282861 Access code: 348-282-861 Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
14Parties and participants 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.
15Parties 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
16Persons 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.
17Individuals 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
18THE TRIBUNAL ORDERS as follows:
a. A second Case Management Conference is scheduled as described above in this Decision.
b. The Procedural Order, or a status update, are to be provided to the Tribunal’s Case Coordinator by Monday, September 14, 2024.
c. A 3-day merit hearing is scheduled as described above in this Decision.
“A. Snowdon”
A. SNOWDON
MEMBER
“Jackie Denyes”
JACKIE DENYES
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.