The Regional Municipality of Halton appealed an Ontario Municipal Board decision that overturned its new development charges by-law.
The new by-law eliminated distinctions between unit sizes, which the Board found resulted in smaller units unfairly subsidizing larger ones.
The Divisional Court dismissed the appeal, holding that the Board reasonably applied the Development Charges Act and had sufficient evidence to find cross-subsidization.
The Board's decision to reinstate the former by-law's categories was a reasonable exercise of its remedial authority.