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ARTICLE · 20 JULY 2016

BLG Successfully Moves For Summary Judgment In Claim Against Municipality

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The plaintiff's claim related to a development charge pre-payment agreement it entered into with the Regional Municipality of York pursuant to the Development Charges Act, 1997, SO 1997, c 27.

CanadaLitigation, Mediation & Arbitration
Douglas Smith
Douglas Smith
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On July 8, 2016 Reasons for Judgment were released in 2149629 Ontario Inc. v. The Regional Municipality of York, 2016 ONSC 4510.

The plaintiff's claim related to a development charge pre-payment agreement it entered into with the Regional Municipality of York (the "Pre-Payment Agreement") pursuant to the Development Charges Act, 1997, SO 1997, c 27. The Pre-Payment Agreement permitted the plaintiff to pre-pay development charges for a new residential subdivision in the Township of King in accordance with the Region's 2007 development charge by-law, instead of the new 2012 development charge by-law, provided the plaintiff registered its plan of subdivision by December 17, 2012.

The plaintiff was required to satisfy certain conditions imposed by the lower-tier municipality (the Township of King (the "Township")) and the upper-tier municipality (the Region) before registration could occur.

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