Appeal regarding development charges dismissed; no agreement existed for early payment at historical rates.
The appellant appealed a municipal council decision regarding a complaint about an alleged overpayment of development charges.
The appellant argued that a 2016 subdivision agreement constituted an agreement under section 27(1) of the Development Charges Act, allowing it to prepay all development charges at the 2016 rates.
The Tribunal found that no such agreement existed and that the municipality correctly calculated the charges in two stages—hard services at the time of the subdivision agreement and soft services upon the issuance of change of use permits—in accordance with its by-law.
The Tribunal also rejected the argument that the upper-tier municipality failed to properly certify its charges under section 29 of the Act.
The appeal was dismissed in part, with the final quantum of charges held in abeyance pending agreement between the parties.
OLTOntario Land TribunalNov 12, 2021
