Dunpar Developments Inc. et al v Toronto (City), 2025 CanLII 79630

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

August 5, 2025

OLT-22-004545

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

Appellant

Dunpar Developments Inc.

Appellant

Tridel Builders Inc.

Appellant

And others

Reference Number:

City of Toronto By-Law 1137-2022

Property Address:

(City-Wide)

Municipality/UT:

Toronto

OLT Case No:

OLT-22-004545

OLT Lead Case No:

OLT-22-004545

OLT Case Name:

Dunpar Developments Inc. et al v Toronto (City)

Heard:

July 25, 2025 by Video Hearing

Parties

Counsel

Dunpar Developments Inc.

Giouzelin Mutlu Michael Nemanic (in absentia) Luke Johnston (in absentia)

City of Toronto

Gabe Szobel Nathan Muscat

DECISION DELIVERED BY A. Mason and Sharyn Vincent AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the Decision arising from the third Case Management Conference (“Third CMC”) with respect to an appeal of the entirely of the City of Toronto (“City”) By-Law No. 11370-2022 (“DC By-Law”) under s. 14 of the Development Charges Act, 1997, S. O. 1997, c. 27 (“DCA”), by Dunpar Developments Inc (“Dunpar”). All other appeals of the DC By-Law have been resolved and this is the only remaining Appeal.

2A first Case Management Conference (“CMC”) was held on March 10, 2023, wherein the Tribunal directed the Parties to provide a draft Procedural Order and Issues List (“PO”). However, the Parties sought another CMC on June 26, 2023, (“Second CMC”) seeking Tribunal assistance since they disagreed whether the future Merit Hearing should be divided into two phases reflecting Dunpar’s characterization of its issues into two discrete groups to be adjudicated in order and separately, or whether the Merit Hearing should be one continuous event. In the Decision arising from the Second CMC, the Tribunal directed the Parties to bring a Motion for Direction of the phasing of the Merit Hearing (“Motion”).

3The Motion was heard on November 2, 2023, and in its Decision (“Motion Decision”), the Tribunal agreed that a phased Hearing is appropriate and exercised its discretion to grant the Motion and Order a future Merit Hearing be divided into two phases.

4In the Motion Decision, the Tribunal also Ordered that it is available to assist the Parties on procedural matters and to finalize the PO and its contents, should it be necessary. This Third CMC was requested by the Parties to assist in resolving preliminary matters in advance of the Phase 1 Merit Hearing.

5At the Third CMC the Parties advised the Tribunal that they are in active settlement discussions but in the interest of continuing those discussions without delay, they were looking for assistance for certain procedural matters as set out in detail below.

DATE FOR RESPONSE TO DISCLOSURE REQUESTS

6Dunpar requested that the Tribunal set a date for the City to respond to their requests for disclosure provided between May 2023-September 2023 (“Disclosure Requests”).

7To this end, with consent of the Parties, the Tribunal directed that the City shall respond to the Disclosure Requests by Friday, October 3, 2025.

MOTION

8The Parties advised the Tribunal that they wished to set down a date for a Motion for Direction out of an abundance of caution, in anticipation of issues or disputes with respect to satisfaction of the Disclosure Requests.

9Finding this request to be reasonable, the Tribunal set down Friday, December 12, 2025, for a Motion by Video Hearing should it be necessary.

10Should the Motion not be necessary, the Parties are to advise the Tribunal by Friday, November 27, 2025, so the date may be released. This Panel of the Tribunal shall be seized for the purposes of the Motion.

11Parties and/or Participants and/or Observers 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/656004293

Access code: 656-004-293

12Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

13Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 656-004-293.

14Individuals 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.

PROCEDURAL ORDER

15The Parties advised the Tribunal that they were in the process of finalizing a PO for the Phase 1 Hearing of the Merits, however, the City required more time to address the exchange dates therein. The Parties committed to having further discussions to clarify and agree on the dates in the PO or modify the standard dates for the exchange of materials to reflect the typically large volume of material in an appeal under the DCA.

16The Tribunal directed the Parties to provide a final PO to the Case Coordinator by Wednesday, July 30, 2025. If they cannot agree on the PO, the Parties are to request a telephone call with this Panel to resolve any outstanding disagreement with respect to dates. The Parties provided the final PO which is attached hereto as Schedule 1 and shall govern the matter.

MERIT HEARING

17The Parties jointly requested the Tribunal set down a 14-day Phase 1 Merit Hearing. The Tribunal scheduled the Phase 1 hearing for Monday, June 1, 2026, to Friday, June 19, 2026, excluding Monday, June 15, 2026 by Video Hearing.

18Parties and/or Participants and/or Observers 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/344779885

Access code: 344-779-885

19Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

20Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 344-779-885.

21Individuals 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.

ORDER

22THE TRIBUNAL orders that:

a. The Procedural Order attached at Schedule 1 shall govern the Phase 1 Merit Hearing.

b. The City of Toronto shall respond to Dunpar Development Inc.’s requests for disclosure from May 2023 to September 2023 by Friday, October 3, 2025.

c. A Motion for Direction is set down for Friday, December 12, 2025 by video conference should it be required to address any matters with respect to the requests for disclosure.

d. The Parties shall advise the Tribunal by Friday, November 27, 2025, if the Motion is not required.

e. This Panel of the Tribunal shall be seized for the purposes of the Motion.

f. A Phase 1 Merit Hearing is set down for Monday June 1, 2026 to Friday June 19, 2026 excluding Monday, June 15, 2026 by video format.

g. The Procedural Order and Issues List at Schedule 1 shall govern the proceedings in this matter.

h. This Panel of the Tribunal is not seized for the purposes of the Merit Hearing.

“A. Mason”

A. MASON

MEMBER

“Sharyn Vincent”

SHARYN VINCENT

VICE-CHAIR

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.

Schedule 1

ISSUE DATE: CASE NO(S).: OLT-22-04545

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

Applicant(s)/Appellant(s): Dunpar Developments Inc.

Subject: City of Toronto Development Charge By-law No. 1137-2022

Property Address/Description: City-Wide

Municipality: City of Toronto

OLT Case No.: OLT-22-04545

OLT File No. OLT-22-04545

OLT Case Name: Dunpar Developments Inc. et al v. Toronto (City)

The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

The merit hearing will be split into two phases as ordered by the Tribunal in Developments Inc. et al v Toronto (City), 2023 CanLII 116946 (ON LT). The Phase 1 issues consider whether the City’s inclusion of projects in the DCBS comply with s. 5(1)3 of the DCA and s. 3 of the Regulation. In contrast, the Phase 2 Issues are concerned with the calculation of the quantum of development charge for specific projects.
Phase 1 of the video hearing will begin on June 1, 2026 at 10 a.m. by video conference with the link to be provided by the Tribunal.
Phase 2 of the video hearing will be scheduled by the Tribunal once Phase 1 of the hearing is heard.
The parties’ initial estimation for the length of Phase 1 the hearing is 14 days (from June 1 to 12, 2026 and June 16 to 19, 2026). The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are generally found in Attachment 1.
The parties and participants identified at the case management conference are set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

Disclosure

The City of Toronto shall answer all of Dunpar's disclosure questions/requests, including the questions received from May 2023 to September 2023, by October 3, 2025.
Dunpar shall bring a motion for disclosure (if required) by November 14, 2025.
The parties shall argue the motion for disclosure (if required) on December 12, 2025.
The parties shall finalize the issues list for Phase 1 by January 16, 2026, subject to the receipt of further disclosure from the City and the release of the Tribunal’s motion decision (if a motion for disclosure is brought).

Phase 1

A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before February 23, 2026 (at least 100 days prior to the start of the hearing) and in accordance with paragraph 27 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before March 30, 2026 (at least 65 days prior to the start of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before March 30, 2026 (at least 65 days prior to the start of the hearing).
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 19 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 19 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 19 below.
On or before March 18, 2026 (at least 75 days prior to the start of the hearing), the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 27 below.
On or before May 1, 2026 (at least 30 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before May 6, 2026 (at least 25 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 27 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within thirty-five (35) days after the evidence is received and in accordance with paragraph 27 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 17, 2026 (at least 15 days prior to the start of the hearing).
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 11, 2026 (at least 20 days prior to the start of the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

These Members are not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

____________________________

TRIBUNAL REGISTRAR

ATTACHMENT 1 - SUMMARY OF DATES

DISCLOSURE

DATE

EVENT

October 3, 2025

City of Toronto to answer all of Dunpar's disclosure questions/requests (received from May 2023 to September 2023)

November 14, 2025

Dunpar to bring a motion for disclosure (if required)

December 12, 2025

Motion for disclosure (if required)

January 16, 2026

Finalize the issues list for Phase 1 (subject to receiving disclosure from the City and the release of the motion decision, if a motion for further disclosure is brought)

PHASE 1

DATE

EVENT

February 23, 2026 (100 days prior to hearing)

Exchange of witness lists (names, disciplines and order to be called)

March 18, 2026 (75 days prior to hearing)

Filing of witness statements

March 30, 2026 (65 days prior to hearing)

Experts meeting

March 30, 2026 (65 days prior to hearing)

Agreed statement of facts

April 26, 2026 (35 days prior to hearing)

Exchange of reply witness statements (if any)

May 1, 2026 (30 days prior to hearing)

Advise the tribunal regarding the release of hearing dates (if any)

May 6, 2026 (25 days prior to hearing)

Exchange of visual evidence (if any)

May 11, 2026 (20 days prior to hearing)

Preliminary hearing plan filed with the Tribunal

May 17, 2026 (15 days prior to hearing)

Finalize joint document book

June 1 to 12, 2026 and June 16 to 19, 2026

Hearing (Phase 1) 14 days

ATTACHMENT 2 - LIST OF PARTIES AND PARTICIPANTS

Parties

Counsel

City of Toronto

Gabe Szobel and Nathan Muscat City of Toronto, Legal Services Metro Hall, 26th Floor 55 John Street Toronto, Ontario M5V 3C6 E-mail: gabe.szobel@toronto.ca and nathan.muscat@toronto.ca Tel: 416-338-1889 (Szobel) and 416-397-5475 (Muscat)

Dunpar Developments Inc. (Appellant)

Luke Johnston, Michael Nemanic, and Giouzelin Mutlu Dunpar Homes 105 Six Point Road, Toronto, ON M8Z 2X3 E-mail: l.johnston@dunpar.ca, info@michaelnemaniclaw.com, and g.mutlu@dunpar.ca Tel.:416-236-9800, ext. 237 (Mutlu), 416-236-9800, ext. 256 (Johnston), and 613-601-4639 (Nemanic)

ATTACHMENT 3 – ISSUES LIST

PHASE 1

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

[TO BE INSERTED BY DUNPAR DEVELOPMENTS INC. ONCE IT HAS RECEIVED ADDITIONAL DISCLOSURE FROM THE CITY]

PHASE 2 ISSUES LIST

[TO BE INSERTED BY DUNPAR DEVELOPMENTS INC. ONCE PHASE 1 OF THE HEARING HAS BEEN ADJUDICATED]

ATTACHMENT 4 - ORDER OF EVIDENCE

NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence.

City of Toronto - Brief Overview of Background Study, Process, and DC By-law

Factual Evidence Only (no opinion evidence or cross-examination)

Evidence-in-Chief – Dunpar Developments Inc.

Cross Examination by City of Toronto

Re-Examination by Dunpar Developments Inc.

Evidence-in-Chief – City of Toronto

Cross Examination by Dunpar Developments

Re-Examination by City of Toronto

Reply – Dunpar Developments Inc. (if necessary)