Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 29, 2024
CASE NO(S).: OLT-24-000288
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27.
Appellant: 2820746 Ontario Corp. Appellant: Delbrook Group Subject: Development Charges Description: Determination of the development charges Reference Number: 2024-04; 2024-05; 2024-06 Property Address: Township-wide Municipality/UT: Tay/Simcoe OLT Case No: OLT-24-000288 OLT Lead Case No: OLT-24-000288 OLT Case Name: 2820746 Ontario Corp. et al. vs. Tay (Township)
Heard: July 16, 2024, by Video Hearing
APPEARANCES:
Parties 2820746 Ontario Corp. Delbrook Group Township of Tay
Counsel/Representative* B. Teichman J. Reyes M. Shafiei* C. Emmett S. Hahn (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JULY 16, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by 2820746 Ontario Corp. and Delbrook Group (“Appellants”) arising from the Township of Tay (“Township”) passing of By-laws Nos. 2024-04, 2024-05 and 2024-06 (“by-laws”) under s. 2 of the Development Charges Act, 1997 with respect to Township-wide development charge rates.
2The charges are applicable to all new residential and non-residential development, subject to certain terms, conditions and limited exemptions as identified within the by-law.
32820746 Ontario Corp. is of the opinion that in many cases the charges leading to the by-law are too high and other times there are omitted items that should have been included in the charge.
4Delbrook Group is arguing that the development charge calculations, undertaken as part of the Development Charges, do not:
a) appropriately consider the benefits of projects to the existing population;
b) do not appropriately consider the benefit of projects to new growth occurring beyond the time period of the study resulting in inflated development charge calculations for growth occurring in the next 10 years;
c) do not accurately reflect anticipated replacement costs and are inflated;
d) include projects that are not growth related;
e) utilize incorrect population projections and household size information resulting in inflated calculations; and
f) the capital projects included as part of a Development Charges Background Study are not identified within the Township Official Plan or Transportation Masterplan.
5The Tribunal marked the Affidavit of Service of Notice of the CMC, dated June 5, 2024, as Exhibit 1.
6There were no other status requests for this CMC.
MEDIATION
7The Tribunal reminded the Parties that Tribunal-led mediation is available to them. Should the Parties reach a point where mediation could be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
DRAFT PROCEDURAL ORDER, ISSUES LIST AND HEARING
8Mr. Teichman provided that he was only recently retained by 2820746 Ontario Corp. and requested some time to compile a draft Procedural Order (“PO”) and Issues List (“IL”). Given the circumstances, the Tribunal requested that a final version of the draft PO and IL are to be submitted to the Tribunal on or before Friday, August 16, 2024.
9The Parties requested that the Tribunal schedule a Hearing of four (4) days.
10A four-day Hearing is scheduled to commence on Tuesday, November 12, 2024 at 10 a.m. until Friday, November 15, 2024, by Video Hearing.
11Parties and Participants are asked to log in to the Hearing by video 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
12Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 519-389-173.
14Individuals 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
15The Tribunal directives above are so ordered.
16This Member is not seized.
17There will be no further notice.
“P. Tomilin”
P. TOMILIN 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.