Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 30, 2024
CASE NO(S).: OLT-24-000647
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant 1: BMR GP Inc.
Appellant 2: Georgian Triangle Development Institute
Appellant 3: Great Dale Manor Ltd.
Appellant 4: NG Lora Bay Ltd.
Description: Development Charges By-law No. 2024-29
Reference Number: By-Law No. 2024-29
Property Address: Town-wide
Municipality/UT: Town of the Blue Mountains
OLT Case No.: OLT-24-000647
OLT Lead Case No.: OLT-24-000647
OLT Case Name: BMR GP Inc. v. Blue Mountains (Town)
Heard: August 27, 2024 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
BMR GP Inc. (Appellant)
Andrew Jeanrie
Georgian Triangle Development Institute (Appellant)
Jennifer Meader
Great Dale Manor Limited (Appellant)
Robert Howe
NG Lora Bay Limited (Appellant)
Robert Howe
Town of The Blue Mountains
Narmanda Gunawardana
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON August 27, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting Town-wide Appeals by the above listed Appellants, concerning the passing of Development Charges By-law 2024-29 by the Town of The Blue Mountains (“Town”).
Requests for Status
2No one attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
3The Parties advised the Tribunal that Tribunal-let mediation has been discussed between them, and the Town is currently seeking formal instructions from Council regarding same.
PROCEDURAL ORDER AND ISSUES LIST
4The Parties advised the Tribunal that draft Issues Lists have been circulated between them, and the Parties intend to have a draft finalized within 30 days of the present Hearing. The Parties are also jointly committed to having a draft Procedural Order filed with the Tribunal, 10 days prior to the second CMC noted below.
SECOND CMC
5Upon request of the Parties, the Tribunal scheduled a second CMC Hearing commencing on Tuesday, November 12, 2024, at 10 a.m. by VH. No further Notice is required:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
6Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay, and log into the video hearing no later than 15 minutes before the start of the event to test their video and audio connections. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons 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 indicated above.
8Individuals 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
9THE TRIBUNAL ORDERS that:
the date and particulars of a second Case Management Conference are set out above;
final drafts of the respective parties’ proposed Issues Lists shall be circulated among them within 30 days of the present Case Management Conference hearing; and
a draft Procedural Order shall be jointly filed by the Parties no later than 10 days prior to the above noted second CMC.
10The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.