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Successful municipal respondents awarded $50,000 each in partial indemnity costs following dismissal of developers' appeals.
Following the dismissal of two related appeals brought by groups of developers, the successful municipal respondents sought costs.
The City of Mississauga sought partial indemnity costs of $70,379.25, while the Region of Halton and City of Burlington sought full indemnity costs of approximately $176,000.
The Court of Appeal determined that costs should follow the event on a partial indemnity scale.
Considering the complexity of the issues, the prior proceedings before the Ontario Municipal Board and Divisional Court, and the consolidated hearing, the court awarded $50,000 to Mississauga and $50,000 to Halton and Burlington.
A conflict between a subdivision agreement and a development charge by-law exists only if the agreement precludes the by-law's charges.
Developers appealed decisions of the Divisional Court regarding the interpretation of 'conflict' under O. Reg. 82/98 between pre-existing subdivision agreements and municipal development charge by-laws.
The Court of Appeal held that the Divisional Court correctly applied a standard of correctness to the Ontario Municipal Board's decisions.
The Court affirmed that a conflict exists only if the subdivision agreement, properly interpreted, precludes the infrastructure charges imposed by the development charge by-law.
The appeals and cross-appeal were dismissed.
