Scott A. Snider

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.

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.

The respondent applied for an official plan amendment, zoning change, and subdivision approval, providing the prescribed information but refusing to provide additional information requested by the appellant municipality.

The municipality refused to forward the appeal record to the Ontario Municipal Board, arguing the 90-day period for a decision had not commenced.

The Court of Appeal held that under the Planning Act, the 90-day period begins once the prescribed information and fees are provided, regardless of whether additional requested information is supplied.

The appeal was dismissed, allowing the respondent to proceed directly to the OMB.