Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 25, 2026
CASE NO(S).: OLT-24-000647
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant 1: BMR GP Inc.
Appellant 2: Georgian Triangle Development Institute
Appellant 3: Great Dale Manor Ltd.
Appellant 4: NG Lora Bay Ltd.
Description: Development Charges By-law No. 2024-29
Reference Number: By-Law No. 2024-29
Property Address: Town-wide
Municipality/UT: Town of the Blue Mountains
OLT Case No.: OLT-24-000647
OLT Lead Case No.: OLT-24-000647
OLT Case Name: BMR GP Inc. v. Blue Mountains (Town)
Heard: March 23, 2026 in writing
APPEARANCES:
Parties
Counsel
Town of the Blue Mountains
D. Baker N. Gunawardana
BMR GP Inc.
A. Jeanrie
Georgian Triangle Development Institute
J. Meader
Great Dale Manor Limited and NG Lora Bay Limited
R. Howe
DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
Link to Order
1This Decision approves the settlement reached by the Parties by amending and approving the Town of the Blue Mountains’ (“Town”) Development Charges (“DC”) By-law No. 2024-29 (“DCBL”).
2The Tribunal accepts the affidavit evidence of Craig Binning, marked as Exhibit 1, whom the Tribunal qualifies to provide opinion evidence in land economics and municipal finance.
3Mr. Binning prepared the Background Study in 2024 to update the Town’s DC rates, both town-wide and area-specific, resulting in the new DCBL passed by the Town. Four appeals were lodged against the DCBL.
4The resolution of the appeals involves numerous adjustments to the eligible DC projects, the “Benefit to Existing” and “Post Period Benefit” share of projects, the water and sewer infrastructure capacities, and the resulting DC calculations. These changes result in lower DC rates for the categories of parks/recreation, roads, water, and wastewater.
5Minor technical changes to the DCBL are sought to correct one service area’s wastewater collection charge, and to treat resorts/hotels as apartments, town-wide.
6The requested substantial reduction in the resulting DC rates is endorsed by the Town and the Appellants.
7The Tribunal accepts Mr. Binning’s opinion that the requested changes to the DCBL are fair, reasonable, and conform with the requirements of the Development Charges Act.
ORDER
8The Tribunal Orders that the appeals are allowed, in part, and the Town of the Blue Mountains’ Development Charges By-law No. 2024-29 is amended, and approved as amended, as follows:
Section 1, Definitions, are amended, as set out in Attachment 1 to this Order;
Schedules C-1, C-2 and C-3 are replaced, as set out in Attachment 2 to this Order; and
Schedule D is replaced, as set out in Attachment 3 to this Order.
“S. Tousaw”
S. tousaw
VICE-CHAIR
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
ATTACHMENT 2
ATTACHMENT 3