Camping in Ontario v. Selwyn (Township), 2025 CanLII 85052

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

August 19, 2025

CASE NO(S).:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-026

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000447

OLT Lead Case No.:

OLT-25-000447

OLT Case Name:

Camping in Ontario v. Selwyn (Township)

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-027

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000448

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-028

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000449

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-029

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000450

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-030

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000451

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-031

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000452

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-032

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000453

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-033

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000454

OLT Lead Case No.:

OLT-25-000447

Heard:

August 6, 2025 by Video Hearing

APPEARANCES:

Parties

Counsel

Camping In Ontario (“Appellant”)

Marc Kemerer

Township of Selwyn (“Township”)

Patrick Harrington

MEMORANDUM OF ORAL DECISION DELIVERED BY w. DANIEL BEST ON AUGUST 6, 2025, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) respecting Township-wide Appeals by the Appellant concerning the passing of Development Charges By-laws No. 2025-026 through No. 2025-033 by the Township.

2The purpose of this CMC was to consider mediation, a consolidation of the proceedings, finalize the Procedural Order (“PO”) and Issues List (“IL”) and set a date for the Merit Hearing.

3The Parties anticipate the length of the Merit Hearing based on the issues to be addressed is four (4) days.

REQUESTS FOR STATUS

4No one attended the CMC seeking either Party or Participant status.

MEDIATION AND SETTLEMENT

5The Parties are aware that Tribunal-led mediation is available and agree that mediation would be appropriate to explore regarding these appeals.

6The Tribunal encouraged the Parties to explore mediation and advised the Parties to coordinate seeking Tribunal-led mediation through the Case Coordinator.

CONSOLIDATION OF PROCEEDINGS

7The Tribunal, having the benefit of reviewing the draft PO and IL, inquired about the possibility of consolidating the appeals.

8Both Counsel confirmed their willingness to participate in a consolidated hearing. Rule 16.1 of the Ontario Land Tribunal Rules of Practice and Procedure states that:

16.1 Consolidating Proceedings or Hearing Matters Together:

The Tribunal may order that two or more proceedings or any part of them, be consolidated, heard at the same time, or heard one after the other, or stay or adjourn any matter until the determination of any other matter, subject to any applicable statutory or regulatory restrictions.

16.2 Effect of Consolidating Proceedings:

When two or more proceedings are consolidated,

a. statutory procedural requirements for any of the original separate proceedings apply, where appropriate, to the consolidated proceeding;

b. parties to each of the original separate proceedings are parties to the consolidated proceeding; and

c. evidence to be presented in each of the separate proceedings is evidence in the consolidated proceeding.

9The Tribunal finds the consolidation of OLT Case File Nos. OLT-25-000447 through OLT-25-000454 to be acceptable.

PROCEDURAL ORDER AND ISSUES LIST

10The Parties filed with the Tribunal a draft PO and IL prior to the Hearing.

11Mr. Kemerer, Counsel for Appellant, advised the Tribunal that a revised draft PO and IL will be circulated and forwarded to the Case Coordinator post-CMC for the consideration of the Tribunal.

NEXT STEPS

12The Tribunal directed the Appellant to submit a draft PO on consent by Tuesday, August 12, 2025. The Tribunal will review the draft PO and if approved, will govern the proceedings of the hearing.

13The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated there were none.

14The Tribunal thanked all Counsel for their assistance on the matter.

15Having the benefit of receiving the submitted revised draft PO from the Appellant prior to the issuance of this Decision, and having examined the IL attached to the PO, the Tribunal deems the attached PO to be in of force and effect to govern the proceedings at the Hearing of the Merits requested for four (4) days, commencing on Tuesday, November 4, 2025, at 10 a.m. by Video Hearing. Any further changes to the PO will require the approval of the Tribunal.

16Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/519389173

Access Code: 519-389-173

17Parties 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.

18Persons 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 an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The Access Code is as indicated above.

19Individuals 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 Video Hearing 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

20THE TRIBUNAL ORDERS the directions contained above in this Decision.

21THE TRIBUNAL ORDERS that OLT Case File Nos. OLT-25-000447 – OLT-25-000454 proceedings be consolidated.

22THE TRIBUNAL ORDERS that the Procedural Order, appended to this Decision as Schedule 1, is approved and in force and effect.

23The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

“W. Daniel Best”

W. DANIEL BEST

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.

SCHEDULE 1

CASE NO(S).: OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-026

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000447

OLT Lead Case No.:

OLT-25-000447

OLT Case Name:

Camping in Ontario v. Selwyn (Township)

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-027

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000448

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-028

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000449

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-029

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000450

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-030

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000451

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-031

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000452

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-032

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000453

OLT Lead Case No.:

OLT-25-000447

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

Appellant:

Camping in Ontario

Description:

Determination of the development charges

Reference Number:

DC - 2025-033

Property Address:

Township-wide

Municipality/UT:

Selwyn/Peterborough

OLT Case No.:

OLT-25-000454

OLT Lead Case No.:

OLT-25-000447

Procedural Order

1. 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

2. The video hearing will begin on Tuesday 4 November 2025 at 10 a.m. [insert link].

3. The parties’ initial estimation for the length of the hearing is four (4) days. 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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.

6. The order of evidence shall be as set out in Attachment 3 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.

7. 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.

8. 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

9. 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 Friday 29 August 2025 and in accordance with paragraph 22 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.

10. Expert witnesses in the same field shall have a meeting on or before Friday 12 September 2025 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 Friday 19 September 2025.

11. 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 13 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.

12. 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 13 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 13 below.

13. On or before Friday 10 October 2025 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 22 below.

14. On or before Friday 10 October 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before Wednesday 1 October 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before Monday 20 October 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. On or before Monday 20 October 2025, the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday 24 October 2025.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday 28 October 2025 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.

22. 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.

23. 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.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

LIST OF PARTIES AND PARTICIPANTS

PARTIES

MCMILLAN LLP 4400- 181 Bay Street Toronto, ON M5J 2T3

Marc Kemerer

marc.kemerer@mcmillan.ca Tel: (416) 865-7222

Patrick Pinho patrick.pinho@mcmillan.ca Tel: (416) 865-7041

Lawyers for Camping In Ontario

AIRD & BERLIS LLP

4100- 66 Wellington Street West

Toronto, ON M5K 1B7

Patrick Harrington

pharrington@airdberlis.com

Tel: (416) 947-5081

Lawyers for the Township of Selwyn

ATTACHMENT 2

ISSUES LIST

1. Do the Township Development Charges By-laws 2025-026 through to 2025-033 (the “By-laws”) properly define a Park Model Trailer?

2. Does the installation of a Park Model Trailer constitute “development” under section 2(2) of the Development Charges Act, 1997 (the “Act”) and Township Development Charges By-laws 2023-053 through to 2023-060?

3. Do the By-laws and the 12 February 2025 Watson and Associates 2025 Development Charges Update comply with the requirements set under sections 5 and 10 of the Act and section 8 of the General Regulation O Reg 82/98?

4. How did the Update consider Park Model Trailers in terms of the growth projections?

5. Do Park Model Trailers:

   1. increase the need for services in the Township so as to attract development charges under the Act; and/or
   2. have occupancy levels similar to a bachelor or 1 bedroom apartment?

6. If Park Model Trailers are subject to development charges what category of rates should apply to them? Should they be considered a distinct class of development in terms of calculating the development charges?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Non-opinion overview by Township of Selwyn

2. Camping In Ontario

3. Township of Selwyn

4. Camping In Ontario (reply, if any)

ATTACHMENT 4

MEANING OF TERMS

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A Participant is an individual, group or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Subsection 33.2 of the Local Planning Appeal Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written Evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual Evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A Witness Statement is a short-written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An Expert Witness Statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A Participant Statement is a short-written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.

Additional Information

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually:

• direct examination by the Party presenting the witness;

• direct examination by any Party of similar interest, in the manner determined by the Tribunal;

• cross-examination by Parties of opposite interest;

• re-direct examination by the Party presenting the witness; or

• another order of examination mutually agreed among the Parties or directed by the Tribunal.

ATTACHMENT 5