Christopher Gordon

The appellants appealed the City's Development Charge By-law.

The dispute centered on whether a portion of a road crossing through the appellants' properties should be classified as an Arterial Road or a Major Collector Road.

The City argued it was a Major Collector Road and thus a 'local service' for which development charges could not be imposed, requiring the developers to pay the construction costs.

The Tribunal found that the road portion was an Arterial Road, not a local service, and therefore subject to the imposition of development charges.

The Tribunal directed the City to fund the costs through development charges or general revenues and prohibited the City from recovering the costs from the appellants as a condition of subdivision approval.