Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 07, 2025
CASE NO(S).: OLT-24-000973
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant 1: Mattamy (Erin) Limited
Appellant 2: 2779181 Ontario Inc.
Appellant 3: EC (Erin) GP Inc.
Appellant 4: Hillsburgh Heights Inc.
Appellant 5: National Properties Inc.
Appellant 6: Beachcroft Investments Inc.
Description: Determination of the development charges
Reference Number: By-law 24-35
Property Address: City-wide
Municipality/UT: Erin/Wellington
OLT Case No.: OLT-24-000973
OLT Lead Case No.: OLT-24-000973
OLT Case Name: Mattamy (Erin) Limited et. al v. Erin (Town)
Heard: March 27, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Mattamy (Erin) Limited
Denise Baker
2779181 Ontario Inc.
Denise Baker
EC (Erin) GP Inc.
Denise Baker
Hillsburgh Heights Inc.
Meaghan McDermid
National Properties Inc.
Meaghan McDermid
Beachcroft Investments Inc.
Matthew Lakatos-Hayward Raivo Uukkivi (in absentia)
Town of Erin
Brendan Ruddick Quinto Annibale (in absentia) Alexandra Whyte (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON MARCH 27, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for appeals to Development Charges By-law 24-35 passed by the Town of Erin (“Town”) on July 18, 2024.
2The Tribunal issued notice of this CMC by email on January 23, 2025. Upon review, and with no concerns raised at the CMC, the Tribunal determined that proper notice of this CMC had been provided and that no further notice was required.
UPDATE
3The Town advised that a draft Procedural Order had been circulated and that information requested by the Appellants was in the process of being shared. The Town had requested Issues Lists from the Appellants, which had not yet been received, but the following proposed deadlines had been generally agreed to by all Parties:
a) Issues List to Tribunal by April 22, 2025; and,
b) Procedural Order to Tribunal by April 29, 2025.
4The Town proposed that a 10-day Hearing of the Merits be set at the first opportunity after October 1, 2025, based on the availability on the Tribunal’s calendar. In response to the Tribunal’s hesitance to set hearing dates without a Procedural Order and Issues List, the Town highlighted that many of the issues are known from the appeal letters and public meetings, and there is overlap between the Appellants’ issues. It was also suggested that a second CMC be set in late July.
5The Appellants concurred with the Town’s proposal to set a second CMC and a 10-day Hearing, and assured the Tribunal that they would be working cooperatively to scope issues, consolidate evidence and possibly share expert witnesses; it was estimated that four witnesses (in total) would be called.
NEXT STEPS
6Upon consideration, the Tribunal concurred with the proposed path forward and set the following hearing events.
7A one-day CMC is set for Wednesday, July 23, 2025 at 10 a.m. by Video Hearing.
8A 10-day Hearing of the Merits is set for Monday, December 1-12, 2025 at 10 a.m. by Video Hearing.
9The hearings are scheduled to proceed by video as follows:
Wednesday, July 23, 2025 at 10 a.m. One-day By Video Hearing GoTo Meeting: https://global.gotomeeting.com/join/656004293;
Access code: 656-004-293 Audio-only telephone line: 1 (888)-299-1889 or +1 (647)-497-9373 Audio-only access code: 656-004-293
Monday, December 1, 2025 at 10 a.m 10-day By Video Hearing GoTo Meeting: https://global.gotomeeting.com/join/344779885;
Access code: 344-779-885 Audio-only line: 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 344-779-885
10Parties and/or 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line.
12Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator
13The Parties are to provide the Issues List and draft Procedural Order according to the timelines set out in paragraph [3] above.
MEDIATION
14All Parties were optimistic that productive discussions would occur in the coming weeks. The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator to begin the intake process if interested in pursuing this opportunity.
ORDER
15The Tribunal Orders THAT:
a) A one-day Case Management Conference is set as outlined in paragraph [7] above;
b) A 10-day Hearing of the Merits is set as outlined in paragraph [8] above; and,
c) The Parties are to provide the Issues List and draft Procedural Order according to the timelines set out in paragraph [3] above.
“S. Bobka”
S. BOBKA
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.