Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 14, 2023
CASE NO.: OLT-21-001158
PROCEEDING COMMENCED UNDER subsection 22(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Hamount Investments Ltd.
Subject: Development Charges By-law No. 2021-42
Municipality: Town of Wasaga Beach
OLT Case No.: OLT-21-001158
OLT File No.: OLT-21-001158
OLT Case Name: Hamount Investments Ltd. v. Wasaga Beach (Town)
BEFORE:
M.A. SILLS VICE-CHAIR
Friday, the 14^th^ day of April, 2023
THIS MATTER having come on for a written hearing on February 10, 2023;
AND THE TRIBUBAL having before it Minutes of Settlement dated November 29, 2022 executed by the Parties (the “Minutes”);
AND THE TRIBUNAL having before it an affidavit of Mr. Craig Binning, a duly qualified development charge expert, in support of the resolution contained in the Minutes;
THE TRIBUNAL ORDERS that the appeal is allowed in part;
AND THE TRIBUNAL ORDERS that in accordance with clause 16(3)(c) of the Development Charges Act, the Town of Wasaga Beach’s Development Charge By-law 2021-42 (the “By-law”) is hereby amended by replacing Schedule B-2 as set out in Attachment 1 to this Order.
AND THE TRIBUNAL ORDERS that the municipal clerk is authorized to format the By-law, as may be necessary.
AND THE TRIBUNAL ORDERS that pursuant to section 18 of the Development Charges Act, the Town of Wasaga Beach shall issue refunds for the difference between any development charge paid under the By-law and the development charge that would have been payable under the By-law, as amended.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1