Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 07, 2025

CASE NO(S).: OLT-22-004364

PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, R.S.O. 1997, c. 27

Appellants: Sheridan Retail Inc.

Subject: Development Charge Complaint

Description: Development Charge Complaint

Reference Number: Development Charge By-law 0133-2022

Property Address: City-wide

Municipality: City of Mississauga

OLT Case No: OLT-22-004364

OLT Lead Case No: OLT-22-004364

OLT Case Name: Sheridan Retail Inc. v Mississauga (City)

Heard: June 25 – July 11, 2024 and March 4, 2025 by video hearing

APPEARANCES:

Parties

Counsel

Sheridan Retail Inc.

L. Johnston G. Mutlu M. Nemanic

City of Mississauga

A. Biggart B. Luo L. Magi (in absentia)

DECISION DELIVERED BY S. TOUSAW AND W. DANIEL BEST AND ORDER OF THE TRIBUNAL

Introduction

1On the settlement reached by the Parties, this Decision allows, in part, the appeal of Sheridan Retail Inc. (“Sheridan”) to the City of Mississauga (“City”) Development Charges By-law No. 0133-2022 (“DCBL”) by approving amendments to Schedules A, B and C of the DCBL.

2The first 11 days of this Merit Hearing were held in mid-2024, with a further seven days requested by the Parties and scheduled for late 2024, but rescheduled to early 2025 as necessitated by the Panel’s availability. Prior to resuming the Hearing on March 4, 2025, the Parties advised that their discussions had resulted in a settlement.

Settlement

3The Tribunal accepts the opinion evidence of Jaclyn Hall, called by the City with the consent of Sheridan, who prepared an affidavit (marked as Exhibit 2.7) on the settlement. In the first phase of this Hearing, Ms. Hall had been qualified to provide opinion evidence in land economics with a specialty in development charges and land use planning.

4Ms. Hall advised that the settlement is centred on Roads and Related Services where 37 projects in the Background Study have been shifted from an in-period Development Charge (“DC”) eligible cost to a post-period benefit. Ms. Hall confirmed that “this shift reflects the City’s re-prioritization of capital projects and recognizes that these projects will service growth occurring beyond the 2041 capital planning horizon of the 2022 DC Background Study” (Ex. 2.7, p. 2). The associated cost reductions for the 2022 DCBL result in rate reductions of approximately 11% for Residential uses, 17% for Industrial and 19% for Non-Industrial uses.

5Ms. Hall confirmed that, with the deferred Roads projects, the Roads capacity will continue to result in appropriate levels of service. Should the Tribunal approve the requested DCBL amendments, Ms. Hall explained that the Background Study will be updated to align with the revised project timelines and the adjusted DCBL rates.

6Ms. Hall opined that the DCBL and its changes arising from the settlement, conform with Development Charges Act (“DCA”), including s. 5(1)1 and s. 5(1)2, “which require that the increase in the need for service must be attributable to development within the planning horizon used in the DC Background Study” (Ex. 2.7, p. 2).

Findings

7On the uncontested evidence of Ms. Hall, the Tribunal finds that the amendments sought to the DCBL constitute appropriate adjustments that arise from re-allocating certain capital projects from in-period eligible costs to post-period benefits which service growth occurring beyond 2041. These changes reduce the DCBL rates for Residential and Non-Residential developments while continuing to meet the anticipated level of service for Roads and Related Projects. The DCBL and its changes arising from the settlement, conform with the DCA.

8The Panel congratulates and thanks the Parties on achieving a settlement in this complex case.

9The Parties advised that their settlement includes an agreement that no Cost Motions will be filed.

ORDER

10The Tribunal Orders that the appeal by Sheridan Retail Inc. is allowed, in part, and the City of Mississauga Development Charges By-law No. 0133-2022 is amended, and approved as amended, by replacing Schedules “A”, “B”, and “C” with the amended rate schedules contained in Attachment 1 to this Order.

“S. Tousaw”

S. TOUSAW VICE-CHAIR

“W. Daniel Best”

W. DANIEL BEST 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.

ATTACHMENT 1

By-law Number 0133-2022

SCHEDULE “A” AMOUNT OF CHARGES – RESIDENTIAL

By-law Number 0133-2022

SCHEDULE “B” AMOUNT OF CHARGES – INDUSTRIAL

By-law Number 0133-2022

SCHEDULE “C”