The Town of Richmond Hill appealed an Ontario Municipal Board (OMB) decision that approved the Town's official plan policies regarding parkland dedication but imposed a 25% cap on the alternative requirement under s. 42 of the Planning Act.
The Divisional Court allowed the appeal, finding that the OMB's interpretation of the Planning Act was unreasonable.
The Court held that the legislation expressly grants municipalities the authority to set the alternative parkland dedication rate by by-law, and the OMB does not have the jurisdiction to impose a cap or fix a specific rate through its power to approve official plan policies.
