The appellant, Dunpar Developments Inc., brought a motion to divide the merit hearing of its appeal against the City of Toronto's Development Charge By-Law into two phases.
The appellant argued that threshold issues regarding the City's intention to fund growth-related needs and the eligibility of third-party costs under the Development Charges Act must be adjudicated first to establish a methodology for reviewing specific project calculations.
The City opposed the motion, arguing for a single hearing event.
The Tribunal granted the motion, finding that the balance of convenience favoured a phased hearing to narrow the issues and provide necessary guidance on statutory interpretation before adjudicating the quantum of the charges.
