The Regional Municipality of Halton sought leave to appeal an Ontario Municipal Board decision that overturned two provisions of its Development Charges By-law.
The Board had excluded capital costs incurred by Conservation Halton and reinstated six categories of residential development instead of the four adopted by the Region.
The Superior Court denied leave to appeal regarding the Conservation Halton costs, finding the Board's interpretation of s. 5(3) of the Development Charges Act was not open to serious debate.
However, the Court granted leave to appeal regarding the development categories, finding serious debate over whether the Board had the authority to impose its view of fairness and reasonableness without finding non-compliance with the Act.
