Ontario Greenhouse Vegetable Growers v. Chatham-Kent (Municipality), 2025 CanLII 37599

ISSUE DATE: April 23, 2025

CASE NO(S).: OLT-24-000793

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

Appellant: Ontario Greenhouse Vegetable Growers

Description: Determination of the development charges

Reference Number: Bylaw 30-2024- Chatham-Kent Development Charges Bylaw

Property Address: City-wide

Municipality/UT: Chatham-Kent

OLT Case No.: OLT-24-000793

OLT Lead Case No.: OLT-24-000793

OLT Case Name: Ontario Greenhouse Vegetable Growers v. Chatham-Kent (Municipality)

Heard: April 15, 2025 by video hearing

APPEARANCES:

Parties

Counsel

Ontario Greenhouse Vegetable Growers

Steven O’Melia

Municipality of Chatham-Kent

David Taylor

MEMORANDUM OF ORAL DECISION DELIVERED BY M. Quesnel ON April 15, 2025, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1A first Case Management Conference (“CMC”) with respect to an Appeal filed pursuant to s. 14 of the Development Charges Act, 1997 by Ontario Greenhouse Vegetable Growers against the approval by the Municipality of Chatham-Kent (“Municipality”) of Development Charges (“DCs”) By-law No. 30-2024 (“DC By-law”), being a new Development Charges By-law for the Municipality, was held on November 28, 2024.

2At that time the Parties requested a second CMC to be held later to permit them to continue settlement discussions. The Parties were directed to submit a draft Procedural Order (“DPO”) or Issues List (“IL”) or to advise the Tribunal by April 8, 2025, if they wanted to convert the second CMC to a Settlement Hearing. Nothing was received by that date.

PARTY / PARTICIPANT STATUS REQUESTS

3There were no requests for Party or Participant status either before or during the CMC.

UPDATE / NEXT STEPS

4The Tribunal has not received a DPO or IL as the Parties are currently engaging in settlement discussions. The Parties requested that a third CMC to allow for the settlement discussions to continue and to obtain an expert’s report. The Parties were reminded of the importance of advising the Tribunal in advance if an adjournment is requested or if the next CMC can be converted into a Settlement Hearing. At the Parties mutual request, the Tribunal scheduled a third CMC as provided below.

5With agreement from the Parties, the Tribunal directed them to either request the third CMC be converted to a settlement hearing or submit a DPO and IL to the Case Coordinator by Thursday, July 10, 2025, for finalization and approval at the third CMC.

HEARING EVENT

6The Tribunal scheduled a third CMC for Friday, July 18, 2025, at 10 a.m. by Video Hearing.

7Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/687587165

Access code: 687-587-165

8Parties 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 GoTo Meeting or a web application is available at: https://app.gotomeeting.com/home.html

9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to the audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.

10Individuals 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.

MEDIATION

11The Tribunal advised the Parties of the option of Tribunal-led mediation and to contact the Case Coordinator to determine next steps if the need for mediation arises.

ORDER

12THE TRIBUNAL ORDERS that:

a) A third Case Management Conference will be held by Video Hearing as scheduled above; and

b) The Parties are to either request the third Case Management Conference be converted to a settlement hearing or submit the final draft Procedural Order with the final Issues List to the Tribunal for finalization and approval at the third Case Management Conference, as directed above.

13No further notice is required.

14The Member is not seized of this matter.

“Mathieu Quesnel”

Mathieu Quesnel

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.