Brett Sears

The Durham Region Home Builder's Association appealed the Town of Ajax's Development Charges By-law No. 50-2018.

The appellant argued that the Town improperly applied Federal Gas Tax funding and that the Benefit to Existing (BTE) allocation for active transportation projects was too low.

The Tribunal dismissed the appeal, finding that the Gas Tax funding was not made specifically in respect of the capital costs of the Audley Recreation Centre, and thus did not require a reduction in the development charges.

The Tribunal also accepted the Town's expert evidence that the BTE allocation of 7.5% to 10% for active transportation projects was fair, reasonable, and in accordance with the Development Charges Act.

The appellant brought a motion to strike portions of the respondent's expert reply witness statements, arguing they constituted improper reply evidence and an attempt to split the respondent's case.

The Tribunal dismissed the motion, finding that the rule against splitting a case applies to the presentation of evidence at a hearing, not to pre-hearing disclosure.

The Tribunal held that the reply evidence was responsive to the appellant's expert reports and that striking the evidence would prejudice the respondent and the public interest.

The appellant was granted the opportunity to file sur-reply witness statements to remedy any potential prejudice.