The City of Toronto appealed a decision of the Local Planning Appeal Tribunal (LPAT) that granted development charge credits to a group of developers for both work performed and cash contributions made under a Core Infrastructure Agreement.
The Divisional Court held that while the LPAT had jurisdiction to review the City's refusal to grant credits, it erred in law by treating cash contributions as 'work performed' under section 38(1) of the Development Charges Act.
The Court concluded that cash contributions are not eligible for development charge credits.
The Court also found that a complaint filed by some developers was not out of time.
