Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
August 14, 2024
CASE NO(S).:
OLT-22-002302
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant 1:
2117969 Ontario Inc.
Appellant 2:
2431247 Ontario Ltd.
Appellant 3:
785343 Ontario Ltd. and I & M Pandolfo Holdings Inc.
Appellant 4:
Midvale Estates Limited
Description:
Area-Specific Development Charges By-law
No. 161-2021 of the City of Vaughan
Reference Number:
DC BL 161-2021
Property Address:
Various Addresses
Municipality/UT:
Vaughan/York
OLT Case No.:
OLT-22-002302
OLT Lead Case No.:
OLT-22-002302
OLT Case Name:
2117969 Ontario Inc. v. Vaughan (City)
Heard:
November 29, 2023
APPEARANCES:
Parties
Counsel
2117969 Ontario Inc. A. Margaritis, John Alati (in absentia)
2431247 Ontario Ltd.
Midvale Estates Limited
(“Appellant”)
785343 Ontario Ltd. and Q. Annibale
I & M Pandolfo Holdings Inc.
(“Appellant”)
City of Vaughan B. Engell, C. Tashos
(“City”)
DECISION DELIVERED BY D. CHIPMAN, AUGUST 13, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A Case Management Conference (“CMC”) was held on November 29, 2023, on five Appeals pursuant to Section 14 of the Development Charges Act against the Area-Specific Development Charges By-law No.161-2021 of the City of Vaughan (“City”) which pertains to the Edgeley Pond and Park and Black Creek Channel Works and Vaughan Metropolitan Centre West Interchange Sanitary Works.
2At that time, the Tribunal heard that the Parties had discussed the opportunity to bring this matter to Tribunal-led mediation. The Tribunal was encouraged by the discussion of mediation as a means to assist in reducing, resolving and/or helping to define the issues in dispute.
3The Parties agreed to provide a written status update to the Tribunal on the results of mediation by March 29, 2024. On March 24, 2024, the Tribunal received an email from the City stating it had considered the potential for mediation and had concluded that before proceeding with mediation further without prejudice discussions to address what would be covered through potential mediation should be determined.
4The Parties expected the meetings would be held by April 2024, and requested that the Tribunal accept a written status report on the matter by May 9, 2024.
5As of the date of this Decision, no written status update has been received by the Tribunal. After several unsuccessful attempts by the Case Coordinator to reach the Parties, the Tribunal directs this case be held in abeyance with no event to be scheduled until such a time as the Parties contact the Tribunal with directions on how they wish to proceed.
6The Tribunal would like to note to the Parties that the Tribunal’s time is valuable; as such, it is the Parties’ responsibility to act on the direction of the Tribunal to meet timelines.
ORDER
THE TRIBUNAL ORDERS:
7The matter will be held in abeyance until such time as the Tribunal receives further communication indicating that some or all of the Parties are ready to:
8a. attend a further Case Management Conference for the purposes of additional case management of the Appeals;
9b. present a draft Procedural Order and Issues list and/or to schedule Hearing on the merits or a Settlement Hearing.
“D. Chipman”
D. CHIPMAN
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.