Uniform processing facility classified as industrial rather than commercial for development charges; refund ordered.
The appellant appealed the City's assessment of development charges for its uniform processing facility, arguing the site should be classified as 'Industrial' rather than 'Commercial' under the Development Charges By-law.
The City contended the facility fell under 'laundries', a retail purpose within the 'Commercial' definition.
The Tribunal found the appellant's operations were not public-facing retail and bore the hallmarks of industrial activity.
Applying principles of statutory interpretation, the Tribunal concluded the site was properly classified as 'Industrial' and ordered the City to refund the overpaid development charges of $501,509.88 plus interest.
OLTOntario Land TribunalJan 11, 2024
