Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 16, 2024
CASE NO(S).: OLT-24-000161
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Bethesda Road Developments Limited
Description: Development Charges By-law for Highway Services
Reference Number: By-law 2023-150-FI
Property Address: Town Wide Development Charges By-law
Municipality/UT: Whitchurch-Stouffville / Region of York
OLT Case No.: OLT-24-000161
OLT Lead Case No.: OLT-24-000161
OLT Case Name: Bethesda Road Developments Limited v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Bethesda Road Developments Limited
Description: Development Charges By-law for Wastewater Services
Reference Number: By-law 2023-151-FI
Property Address: Town Wide Development Charges By-law
Municipality/UT: Whitchurch-Stouffville / Region of York
OLT Case No.: OLT-24-000162
OLT Lead Case No.: OLT-24-000161
Heard: August 14, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Bethesda Road Developments Limited
Douglas Pateman
Paul DeMelo (in absentia)
Town of Whitchurch-Stouffville
Kacie Layton
Andrew Biggart (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 14, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Bethesda Road Developments Limited (“Appellant”) has filed an appeal against the Town of Whitchurch Stouffville (“Town”) pursuant to s. 14 of the Development Charges Act. The subject land is known municipally as 5731 Bethesda Road, in the Town.
2The Appellant is in the process of obtaining approval for a plan of subdivision of 356 new residential units on the subject land. It has concerns with the identification of a number of key projects that have been included as growth-related, in matters of costing and appropriate benefit identified for a number of the projects.
DRAFT PROCEDURAL ORDER
3The Parties have yet to file the draft Procedural Order (“PO”). The PO will be filed with the Issues List before the next scheduled CMC.
MEDIATION
4The parties are in private discussions and are still exchanging materials.
DISPOSITION
5The Tribunal will schedule a CMC for the Parties to update the Tribunal on the status of this matter and to file the PO and issues list.
6The Tribunal directs that the draft PO be forwarded to the Case Coordinator by Monday, October 28, 2024.
NEXT CASE MANAGEMENT CONFERENCE
7The next CMC is scheduled for Friday, November 15, 2024, at 10 a.m. and will proceed by video hearing.
8Parties and Interested person 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:
https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
9Parties 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.
10Persons 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 +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 979-388-733.
11Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
12The Tribunal Orders that:
a. The Case Management Conference will commence at 10 a.m. by video hearing on Friday, November 15, 2024;
b. The Procedural Order is to be filed by Monday, October 28, 2024.
c. Parties are to be ready to finalize the Procedural Order at the Case Management Conference.
14There is no further notice, and the Member is not seized.
“T.F. Ng”
T.F. NG
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.