Michael Fiorino

The applicant appealed the City's calculation of cash-in-lieu of parkland dedication fees, arguing that the cap introduced by Bill 23 should apply because no building permit 'in respect of the development or redevelopment' was issued prior to November 28, 2022.

The City argued that demolition permits issued in January and May 2022 qualified as such building permits.

The Tribunal found that the demolition permits were building permits under the Building Code Act and were issued to facilitate the redevelopment.

Therefore, the transition provision applied, the cap did not apply, and the appeal was dismissed.