A land developer sought a declaration that a municipality could not impose future development charges on undeveloped land because of a prior development agreement from 1980.
The municipality refused to recognize a credit for development charges previously paid, and the developer’s appeal to the Ontario Municipal Board was dismissed as out of time under Ontario Regulation 82/98.
The court held that the regulation required developers to apply for recognition of development charge credits before the October 31, 1999 sunset deadline.
Paragraph 17.2 of the regulation did not create a separate process for resolving conflicts between development agreements and development charge by-laws.
The application was also barred by issue estoppel because the same issue had been determined by the tribunal.
