Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 10, 2025
CASE NO(S).: OLT-25-000173
PROCEEDING COMMENCED UNDER subsection 22(2) of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Sarah Gairdner
Description: Determination of the development charges
Reference Number: DCOLT-2025-001
Property Address: 860 19th Sideroad
Municipality/UT: King/York Region
OLT Case No.: OLT-25-000173
OLT Lead Case No.: OLT-25-000173
OLT Case Name: Gairdner v. King (Township) et al.
Heard: July 07, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Sara Gairdner
Michael Foderick Jamie Cole
Regional Municipality of York
Mercedes Mueller
Township of King
Alexander J. Suriano Tom Halinski (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason ON July 7, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This first Case Management Conference (“CMC”) was held regarding an appeal under s. 22(2) of the Development Charges Act, 1997, S.O. c. 27 (“Act”), regarding the lack of a decision by the Township of King (“Township”) and the Regional Municipality of York (“Region”) with respect to complaints made under s. 20 of the Act, for the property located at 860 19th Sideroad, Township of King (“Property”) owned by Sara Gairdner (“Appellant”).
NOTICE
2Notice of the CMC was provided by the Tribunal in accordance with the provisions under the Act.
BACKGROUND AND CMC DISCUSSION
3The Appellant applied for and received zoning approval to build one additional single-family dwelling on the Property, while also retaining the existing single-family dwelling that will be repurposed into a farm help residence (“Development”). In this context, the Applicant received a “Development Charges – Receipt Request” (“DC Charge”) under the Act for amounts determined to be owed for the Development.
4The Appellant submitted separate complaints under s. 20 of the Act to the Township and the Region regarding the imposition of the DC Charge on the Property taking the position that the proposed Development of an additional single-family dwelling is exempt under the Act (together “Complaints”).
5To date, neither Council for the Township or the Region have rendered a decision on the Complaints.
6The Applicant appealed the Complaints to the Tribunal pursuant to s. 22(2) of the Act based on the failure by the Township and Region to render a decision within the prescribed statutory timeframes (“Appeal”).
7At the CMC and in the referral record provided to the Tribunal, the Township set out its position that the Appeal is not valid pursuant to s. 20 of the Act, as the Appellant has not paid the DC Charge to date nor obtained a building permit and that, as such, the timeframe to file an appeal under s. 26(1) of the Act has not started.
8Through discussion with the Parties at the CMC, the Tribunal determined that setting the matter down for a hearing of the merits would be premature at this time as there is a threshold jurisdictional question to be addressed. The question of whether the DC Charge must be paid first for the Township and Region to consider the Complaints or if the Appeal of the non-decision of the Complaints is appropriately before the Tribunal must be answered. To do so, the Tribunal set down a date for a written Motion for Direction as below to determine the threshold jurisdictional question.
9For the purposes of the Motion for Direction, the Township and the Region shall be the Moving Parties together but may each provide their own submissions or provide submissions together. The Appellant shall be the Responding Party.
MOTION FOR DIRECTION
10The Tribunal scheduled a one day written Motion on Monday, August 25, 2025.
ORDER
11The Tribunal’s order and direction set out above is so ordered.
12No further notice will be given.
13This Member is not seized but may be spoken to for case management purposes.
“A. Mason”
A.MASON MEMBER
Ontario Land Tribunal Website: www.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.