Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 26, 2026
CASE NO.: OLT-22-002647 OLT-22-002666
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Bond Head Properties Inc. & FNB Developments Inc.
Subject: Development Charges By-law No. 2018-18
Reference Number: By-law 2018-18
Property Address: Entire Municipality
Municipality/UT: Town of Bradford West Gwillimbury/Simcoe
OLT Case No.: OLT-22-002647
Legacy Case No.: DC180011
OLT Lead Case No.: OLT-22-002647
Legacy Lead Case No.: DC180011
OLT Case Name: Bond Head Properties Inc. v. Bradford West Gwillimbury (Town)
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27
Appellant: Bond Head Properties Inc. & FNB Developments Inc.
Subject: Development Charges By-law No. 2019-58
Reference Number: By-law 2019-58
Property Address: Entire Municipality
Municipality/UT: Town of Bradford West Gwillimbury/Simcoe
OLT Case No.: OLT-22-002666
Legacy Case No.: DC190039
OLT Lead Case No.: OLT-22-002666
Legacy Lead Case No.: DC190039
OLT Case Name: Bond Head Properties Inc. & FNB Developments Inc. v. Bradford West Gwillimbury (Town)
BEFORE:
W. DANIEL BEST MEMBER
Monday, the 26th day of January, 2026
THESE MATTERS, in respect of the lands in the Town of Bradford West Gwillimbury, having come for a public hearing before the Ontario Land Tribunal (“Tribunal”); and
THE TRIBUNAL having received a motion by the Town of Bradford West Gwillimbury for an Order and Decision to have the appeal by Bond Head Properties Inc. & FNB Developments Inc. (“Appellants”) of the Town’s By-law 2018-18 (OLT-22-002647) and the appeal by the Appellants of the Town’s By-law 2019-58 (OLT-22-002666) (collectively, the “Appeals”) consolidated;
AND THE TRIBUNAL resolving the Appeals by approving certain additions and modifications to By-laws 2018-18 and 2019-58 set out as Schedule “A” and “B” respectively to Exhibit “D” of the affidavit of Daryl Abbs, sworn on October 17, 2025
AND THE TRIBUNAL FINDS THE FOLLOWING:
Motion to Consolidate
The Parties having brought a motion to consolidate the Appeals pursuant to Rule 16 of the Ontario Land Tribunal’s Rules of Practice and Procedure (“Rules”). The Tribunal having considered the commonalities and coordinated manner of a resolution to the Appeals has determined and agrees with the Parties that the most fair and expeditious manner to consider the Appeals is through consolidation.
The Tribunal will accordingly make the appropriate order consolidating the two Appeals.
Amendments to the By-laws
On the uncontested evidence of Mr. Darryl Abbs, a Professional Land Use Economist and Partner with an economic consulting firm Hall, the Tribunal finds that the amendments sought to the Development Charges By-laws (“DCBLs”) are appropriate and in accordance with the Development Charges Act.
The amendments are as follows:
The modification to Schedule “E” in By-law 2018-18 attached as Schedule “A” to this Decision, revising the allocations of certain projects between the Bradford Settlement Area and the Bond Head Settlement Area to reflect different allocation of costs between the two areas arising from the change in growth assumptions used in the 2018 DC background study as compared to the 2013 DC background study. These changes have the effect of reducing the DC for the Bond Head Settlement Area.
The modifications to By-law 2019-58 substitute the current schedule “B-2” in By-law 2019-58 attached as Schedule “B” to this Decision. The modifications are to reduce the Development Charges relating to Indoor Recreation Services to reflect a removal of costs from the level of service and to reduce the Development Charges related to Administration – Studies, reflecting higher deductions for certain studies.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT pursuant to Rule 16 of the Ontario Land Tribunal’s Rules of Practice and Procedure, Appeals OLT-22-002647 and OLT-22-002666 are consolidated.
THE TRIBUNAL ORDERS THAT the appeal is allowed, in part and in accordance with the provisions of subsection 16(3) of the Development Charges Act, the adopted By-law 2018-18 is modified in the form attached to this Order as Schedule “A” is approved and the adopted By-law 2019-58 is modified in the form attached to this Order as Schedule “B” is approved.
THE TRIBUNAL ORDERS THAT refunds shall be issued by the Town of Bradford West Gwillimbury in accordance with the provisions of section 18 of the Development Charges Act.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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.
SCHEDULE A
SCHEDULE B