Fabrizio Filippazzo

The appellant appealed to the Ontario Land Tribunal regarding the classification of 20 dwelling units for the purpose of calculating development charges under the City of Markham and Regional Municipality of York by-laws.

The appellant argued the units should be classified as 'large apartments' rather than 'multiple unit dwellings,' seeking a refund of charges paid under protest.

The Tribunal interpreted the specific definitions in both by-laws.

Under the Region's by-law, the Tribunal found the units lacked a common entrance to grade and thus constituted multiple unit dwellings, dismissing the appeal against the Region.

Under the City's by-law, the Tribunal found the units met the definition of a 'triplex' and therefore qualified as 'large apartments,' allowing the appeal against the City and ordering a refund of $142,440.

The Regional Municipality of York brought a motion to dismiss an appeal regarding development charges, arguing the appellants failed to file their complaint within the 90-day statutory period.

The appellants had delivered their complaint and payment under protest to the Town of Georgina, which collected the charges on behalf of the Region.

The Tribunal found that the Town acted as the Region's agent, making the delivery valid and timely.

The Tribunal also rejected the Region's argument that the appeal improperly attacked the development charge by-law, finding that the appellants raised valid issues regarding the assessment of interest on frozen charges.

The motion to dismiss was dismissed.