Lindsay Gillies

The appellants appealed the City of Hamilton's Development Charges By-law, arguing that it improperly included capital costs for the Hamilton Conservation Authority.

The parties reached a settlement to remove these costs from the by-law, relying on previous jurisprudence establishing that conservation authorities do not act on behalf of municipalities.

The Tribunal approved the settlement, finding it conformed to the Development Charges Act, and allowed the appeals in part to replace the relevant schedule in the by-law.