Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 12, 2026 CASE NO.: 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)

BEFORE: W. DANIEL BEST, MEMBER Monday, the 12th day of January, 2026

THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”) for a Case Management Conference on July 23, 2025;

AND THE TRIBUNAL having issued the Procedural Order on July 31, 2025, for the purpose of governing the required procedures leading up to the hearing commencing on December 1, 2025;

AND THE TRIBUNAL having adjourned the December 1, 2025 hearing;

AND THE TRIBUNAL having rescheduled the hearing for March 3, 2026;

THE TRIBUNAL ORDERS that the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on March 3, 2026. The Tribunal has set aside 9 days for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

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 A

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 March 3, 2026 at 10:00 a.m. at the following link: at: https://meet.goto.com/278736685 code: 278-736-685

3. The parties’ initial estimation for the length of the hearing is 9 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 Tuesday, August 5, 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 Tuesday, September 2, 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 Wednesday, September 17, 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, January 30, 2026, 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, January 30, 2026, 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 Friday, February 6, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Friday, February 13, 2026, after the evidence is received and in accordance with paragraph 22 below.

17. On or before Monday, February 17, 2026, 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.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Monday, February 23, 2026.

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 Monday, February 24, 2026 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.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

LIST OF PARTIES AND PARTICIPANTS

PARTIES

Appellant 1: Mattamy (Erin) Limited Appellant 2: 2779181 Ontario Inc. Appellant 3: EC (Erin) GP Inc. Denise Baker, WeirFoulds LLP dbaker@weirfoulds.com

Appellant 4: Hillsburgh Heights Inc. Appellant 5: National Properties Inc. Meaghan McDermid, Davies Howe LLP meaghanm@davieshowe.com Grace O’Brien, Davies Howe LLP graceo@davieshowe.com

Appellant 6: Beachcroft Investments Inc. Raivo Uukkivi, Cassels Brock & Blackwell LLP ruukkivi@cassels.com Matthew Lakatos-Hayward, Cassels Brock & Blackwell LLP mlakatoshayward@cassels.com

Approval Authority: Town of Erin Brendan Ruddick, Loopstra Nixon LLP bruddick@loonix.com Alexandra Whyte, Loopstra Nixon LLP awhyte@loonix.com

PARTICIPANTS

Nil

ATTACHMENT 2

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgment by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet.

Population, Household and Employment Forecasts

1. Are the forecasts of non-residential growth and associated gross floor area reasonable and consistent with County and Town land use plans?

2. Are the forecasts of jobs in the Work from Home (WFH) and No Fixed Place of Work (NFPOW) employment growth over the planning horizon reasonable?

3. Are the forecasts of residential growth necessary to accommodate residential growth in the Town reasonable, accurate, and consistent with the anticipated timing for residential development in the Town and consistent with the need for capital works included in the DC charges?

4. Has the Town appropriately allocated development charge recoverable capital costs between the residential and non-residential sectors?

Fire Services

5. Do the plans for new buildings and associated equipment/vehicles reflect Council’s intent or master plan for fire services and reflect the anticipated need for service attributable to development?

6. Do the capital plans for new fire infrastructure works (including projects 8, 9 and 13) appropriately reflect the extent to which the works will benefit existing development?

Parks and Recreation

7. Are the estimated capital costs for parkland development of the parks included in the list of capital projects reasonable and reflective of typical parkland development costs?

8. Do the plans for additional parkland development (project 5) and additional parkland amenities (project 6) reflect Council’s intent or master plan for parkland development and reflect the anticipated need for service attributable to development?

9. Are the allocations to Benefit to Existing for the parks and recreation facilities included in the DC Background Study appropriate?

10. Are the following parkland assets appropriately included in the list of developed parkland that the Town owns in the level of service inventory:

a. Hulls Dam (16.80 acres);

b. Madison Lakes (7.14 acres);

11. Is it appropriate to exclude all multi-use recreational trails from the capital costs to be recovered through the Town of Erin’s development charge by-law?

Public Works

12. Do the plans for additional public works facilities and public works vehicles reflect Council’s intent or master plan for public works services and reflect the anticipated need for service attributable to development?

Roads and Related

13. Are the allocations to benefit existing for Bridge #2 and Bridge #9 appropriate and reflective of the extent to which the planned capital improvements would benefit existing development?

14. Are the inclusions of capital costs for sidewalks on Provincial and County roads appropriate for inclusion in the capital costs to be recovered through the Town of Erin’s development charge by-law?

15. Do the improvements planned for existing road segments (projects 3-9) accurately include deductions to capital costs that reflect the extent to which the improvements benefit existing development?

16. Has the Town appropriately estimated the capital cost of the Roads Capital Plan in accordance with the Act?

17. Has the Town inappropriately assigned a growth share to road projects that would be more appropriately categorized as state of good repair projects, and therefore ineligible under the Act?

18. Has the Town inappropriately included road projects in its Capital Plan that would be more appropriately categorized as a Local Service, under the Local Service Policy included as Appendix E within the DCBS?

19. Has the Town appropriately deducted any grants received for specific projects included in the Capital Plan from the Net Capital Cost of the project in accordance with the Act?

20. Where a road project has been deemed eligible for inclusion within the Capital Plan, has the Town appropriately recognized the Benefit to Existing share in accordance with the Act?

21. Where a road project has been deemed eligible for inclusion within the Capital Plan, has the Town appropriately recognized a Post Period Benefit in accordance with the Act?

Water

22. Does the benefit to existing development allocation appropriately reflect the extent to which the Water Storage Tank in Hillsburgh (project 4) and Elevated Water Storage Tank in Erin (project 13) will benefit existing development?

23. Will the construction of the Water Storage Tanks in Hillsburgh and Erin provide capacity for growth beyond the planning horizon that should appropriately be allocated as “post-period benefit” in the calculation of the Town’s DC rates?

24. Has the Town appropriately estimated the capital cost of the Water Capital Plan in accordance with the Act?

25. Has the Town inappropriately assigned a growth share to water projects that would be more appropriately categorized as state of good repair projects, and therefore ineligible under the Act?

26. With the interconnection of the Erin and Hillsburgh water systems, has the Town included backup well projects which may not be necessary?

27. Has the Town inappropriately included water projects in its Capital Plan that would be more appropriately categorized as a Local Service, under the Local Service Policy included as Appendix E within the DCBS?

28. Where a water project has been deemed eligible for inclusion within the Capital Plan, has the Town appropriately recognized the Benefit to Existing share in accordance with the Act?

29. Where a water project has been deemed eligible for inclusion within the Capital Plan, has the Town appropriately recognized a Post Period Benefit in accordance with the Act? More specifically has the Town recognized an appropriate post period benefit for water supply and storage projects?

Stormwater and Sanitary Facilities

30. Is it appropriate to exclude stormwater and sanitary facilities and sewers and instead only include those as Local Services as Local Services under the Local Service Policy included as Appendix E within the DCBS, from the capital costs to be recovered through the Town of Erin’s Development Charges By-law?

DC By-law

31. What amendments are required to DC By-law 24-35?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Town of Erin
2. Mattamy (Erin) Ltd., 2779181 Ontario Inc., EC (Erin) GP Inc.
3. Hillsburgh Heights Inc.
4. National Properties Inc.
5. Beachcroft Investments Inc.
6. Town of Erin Reply (if any)

ATTACHMENT 4

SUMMARY OF PROCEDURAL DATES

DATE	EVENT
August 5, 2025	Exchange of witness lists (names, disciplines and order to be called)
September 2, 2025	Expert witnesses to meet on or before this date
September 17, 2025	Any agreed statement facts to be filed
January 30, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
February 6, 2026	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
February 13, 2026	Exchange of Reply Witness Statements (if any)
February 17, 2026	Exchange of Visual Evidence (if any)
February 23, 2026	Finalize Joint Document Book
February 24, 2026	Final Hearing Plan filed with the Tribunal
March 3, 2026	Hearing commences