Development charges appeal dismissed; staff emails cannot bind municipality to prepayment agreement without Council approval.
The appellant developer appealed the City's calculation of development charges for a new residential building, seeking a refund of $153,932.
The appellant argued that a prepayment agreement had been formed through email correspondence with City staff, locking in lower rates from a previous by-law for 270 units.
The Tribunal dismissed the appeal, finding that no legally binding prepayment agreement existed because the Development Charges By-law requires express Council approval for such agreements, which was never obtained.
Furthermore, the Tribunal found that the original building permit and associated development charges applied only to the first two buildings, and had no connection to the third building in question.
OLTOntario Land TribunalApr 9, 2026
