Michael Polowin

The applicants, developers in the City of Kingston, challenged the validity of the City's Impost By-law, which imposed fees for the capital costs of water and sewer infrastructure.

The applicants argued that the City was required to impose such fees under the Development Charges Act, 1997, and that the Impost By-law conflicted with that Act, was ultra vires the Municipal Act, 2001, and was discriminatory.

The court dismissed the application, finding that the legislative framework allowed the City to enact the Impost By-law under the Municipal Act, 2001, that there was no conflict with the Development Charges Act, 1997, and that the by-law was neither ultra vires nor discriminatory.

The applicants and respondent sought a last-minute consent adjournment of a full-day application hearing scheduled for February 21, 2020, citing ongoing settlement discussions that required City Council approval.

The court expressed frustration with the late notice, noting it resulted in wasted judicial and courtroom resources.

The court adjourned the matter to be spoken to at a future motions court, recommending that any new hearing date be made peremptory to both sides.