Dunpar Homes et al. v. Mississauga (City), 2026 CanLII 16831

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 25, 2026

CASE NO(S).: OLT-22-004366

PROCEEDING COMMENCED UNDER section 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Building Industry & Land Development Association Appellant: Dunpar Homes Appellant: GWL Reality Advisors Inc Appellant: Mississauga I GP Inc., Mississauga II GP Inc., Mississauga IIII GP Inc. and others Subject: Parkland Conveyance By-law 0137-2022 Description: Dunpar Homes et al v Mississauga (City) Property Address: (City-wide) Municipality/UT: Mississauga/Peel OLT Case No: OLT-22-004366 OLT Case Name: Dunpar Homes et al v Mississauga (City)

Heard: In writing

APPEARANCES:

Parties	Counsel
Building Industry & Land Development Association	R. Howe
Oxford Properties Group	M. Laskin
GWL Reality Advisors Inc.	A. Frank
Sheridan Retail Inc. o/a Dunpar Homes	M. Nemanic
City of Mississauga	R. Kehar

DECISION DELIVERED BY CARMINE TUCCI AND ORDER OF THE TRIBUNAL

1The matter before the Tribunal was in respect to appeals filed pursuant to s. 42(4.9) of the Planning Act (“Act”) by Building Industry & Land Development Association, GWL Reality Advisors Inc., Sheridan Retail Inc. operating as Dunpar Homes, RGF (Mississauga) Developments Inc., Mississauga I GP Inc., Mississauga II GP Inc., Mississauga III GP Inc., and Oxford Properties Group (together, the “Appellants”) against the City of Mississauga’s (“City”) decision to adopt the Parkland Conveyance By-law No. 0137-2022 (“By-law”).

2The By-law, passed on June 22, 2022, was made pursuant to the then requirements of the City’s Council approved Parks Plan and pursuant to s. 42(4.9s) of the Act. The City issued a Notice of the Passing of the By-law on July 7, 2022.

3Sections 42, 51.1, and 53 of the Act enable the City, by by-law, to require land for parks and other recreational purposes, or an equivalent amount of cash-in-lieu of land, as a condition of development, redevelopment, subdivisions, and consents.

4The Tribunal heard that the Parties confirmed that a settlement had been reached and was presented for the consideration of the Tribunal.

EVIDENCE AND SUMMARY OPINION

5The Tribunal was presented with the witness statement of Ms. Beata Palka, a professional land use planner and the City’s Manager of Parks Services and Parks Operations, in support of the Settlement.

6The following Parties appealed the Parkland Conveyance By-law to the Tribunal under sub-s. 42(4.9) of the Act:

a. Sheridan Retail Inc. operating as Dunpar Homes (“Dunpar”);

b. Oxford Properties Group (“Oxford”);

c. Building Industry & Land Development Association (“BILD”);

d. RGF (Mississauga) Developments Inc.;

e. GWL Realty Advisors Inc. (“GWL”); and

f. Mississauga I GP Inc., Mississauga II GP Inc., and Mississauga III GP Inc.

7RGF (Mississauga) Developments Inc. withdrew its appeal by letter dated August 28, 2023. Mississauga I GP Inc., Mississauga II GP Inc., and Mississauga III GP Inc. withdrew their appeal by letter dated October 2, 2023. As a result, the active appellants remaining are BILD, Oxford, and GWL.

8Dunpar continues to hold limited appellant Party status. However, its appeal is inactive and may only proceed if the Province brings into force certain parkland provisions of the Act, permitting strata parkland conveyances found in sub-s. 42(4.30) – 42(4.39). To date, the Province has not enacted these provisions. Therefore, if the Proposed Settlement reflected in the Revised Parkland Conveyance By-law is approved, Dunpar’s inactive appeal is also expected to be resolved.

9On November 28, 2022, the More Homes Built Faster Act, 2022 (“Bill 23”) received Royal Assent. Bill 23 introduced several amendments to ss. 42 and 51.1 of the Act related to parkland dedication and cash-in-lieu requirements.

10Key changes include:

• Revised alternative parkland rates, reducing the calculation from one hectare per 300 units to one hectare per 600 net residential units for land conveyances (ss. 42(3) and 51.1(2) of the Act), and from one hectare per 500 units to one hectare per 1,000 net residential units for cash-in-lieu (ss. 42(6.0.1) and 51.1(3.1) of the Act).
• New caps limiting the amount of parkland or cash-in-lieu that can be required: 10% of the land or land value for sites 5 hectares or smaller, and 15% for sites larger than 5 hectares (ss. 42(3.3) and 51.1(3.4) of the Act).
• Requirement to apply alternative rates only to “net residential units,” calculated as the number of new units minus the number of existing units on the site before redevelopment (ss. 42(3.0.2) and 51.1(3.0.1) of the Act).
• Exemptions from parkland or cash-in-lieu requirements for developments containing affordable or attainable residential units (s. 42(1.1) of the Act).
• Exemptions for non‑profit housing developments (s. 42(1.2) of the Act).
• Exemptions for certain additional residential units, including second and third units in detached, semi‑detached, and rowhouses, as well as one unit in an ancillary structure under specified conditions (s. 42(1.3) of the Act).
• New rules for determining the valuation date for cash-in-lieu, except where tied to consent, subdivision, or condominium approval. The valuation date is set as:
  • the date a site plan application is submitted; or
  • if no site plan is required, the date of a rezoning application; or
  • the day before the first building permit is issued if no application is required or more than two years have passed since the related approval (ss. 42(2.1) – (2.5) of the Act).

11Because of these legislative changes, several concerns raised by the Appellants have already been addressed. The City and the remaining Appellants have collaborated to update the Parkland Conveyance By-law so that it conforms to the amended Planning Act provisions enacted through Bill 23.

Settlement

12The Tribunal was advised that the City, Oxford, BILD, and GWL participated in OLT-led mediation held over three days in May and June 2025.

13The mediation, along with follow‑up discussions between the City and BILD, resulted in an agreement on proposed amendments to the Parkland Conveyance By-law. These amendments fall into two categories:

(i) changes required to reflect the updated parkland provisions in the Act introduced through Bill 23; and

(ii) stylistic revisions acceptable to all Parties.

14All proposed amendments correspond to requirements under sub-ss. 42(3) or 42(6.01) of the Act, or otherwise implement legislative updates, and therefore fall within the Tribunal’s authority to amend the by-law under sub-s. 42(4.15) (c). In addition, none of the modifications conflict with the Tribunal’s restricted powers under sub-s. 42(4.16).

15Ms. Palka explained that since the Bill 23 amendments came into force, the City has already been collecting parkland dedication in accordance with those revised provisions. As a result, the enactment of the Revised Parkland Conveyance By-law would not trigger any refunds, as the City’s collection practices have aligned with the Bill 23 requirements since their implementation.

16Both Oxford and GWL support the Proposed Settlement.

17Ms. Palka also stated that if the Revised Parkland Conveyance By-law is approved, Dunpar’s inactive appeal is expected to be resolved as well.

18Ms. Palka opined that the Settlement Proposal:

• Has regard for matters of provincial interest under s.2 of the Act,
• is consistent, and does not conflict, with the Provincial Planning Statement, 2024,
• conforms, subject to approval of the Zoning By-law Amendment, to the City Official Plan,
• The proposal represents good planning.

FINDINGS

19The Tribunal notes that the City, BILD, Oxford, and GWL, are the only remaining active Parties to this proceeding, and have reached a full and final settlement of the Appeals.

20On the strength of the uncontradicted expert opinion evidence of Ms. Palka and upon a review of the applicable provisions of the Act, the Tribunal is satisfied that the Proposed Settlement is consistent with or conforms to the applicable policy framework, represents good planning, and is in the public interest.

21The Tribunal finds that the Revised Parkland Conveyance By-law represents sound planning as it incorporates into the by-law the requirements that are already in-force under provincial legislation.

22The Tribunal is satisfied that the updates ensure that the by-law aligns with the Act without introducing any substantive changes beyond those already mandated by the statute. At the same time, the revisions enhance public transparency by clearly setting out how the City’s parkland fees are determined.

23The Tribunal considers the Settlement reached by the Parties to be fair and reasonable and finds that the resulting Zoning By-law Amendment reflects sound planning that serves the public interest. The Tribunal commends the Parties for their collaborative efforts and constructive dialogue in achieving a resolution in these proceedings.

ORDER

24THE TRIBUNAL ORDERS THAT the appeal is allowed in part and directs the City of Mississauga to amend Parkland Conveyance By-law No. 0137-2022 as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of City of Mississauga to assign a number to this by-law for record keeping purposes.

“Carmine Tucci”

CARMINE TUCCI

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.

ATTACHMENT 1