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ARTICLE · 13 APRIL 2017

Case Comment: Marjerrison v Ottawa (City), Ontario Municipal Board

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In November 2016, the Ontario Municipal Board (the "Board") issued a decision that reflects a growing trend of disputes concerning development charges in Ontario.

CanadaReal Estate and Construction
Roberto Aburto
Roberto Aburto
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In November 2016, the Ontario Municipal Board (the "Board") issued a decision that reflects a growing trend of disputes concerning development charges in Ontario.1, 2, 3 The issue in this case turned on whether the municipality acted properly in imposing significant costs on a developer as a condition of approving the development. The Board sided with the developer finding that the municipality had improperly required that the developer pay for road works and a multi-use path as part of obtaining approval for the development, and the municipality has been ordered to pay approximately $4 million to that developer.

In agreeing with the developer, the Board provided important commentary on the statutory provisions that impact development charges, including the Planning Act, the Development Charges Act, and the impact of by-laws enacted pursuant to those Acts. One important aspect of this case is the strict interpretation of holding by-laws, which limit the use a

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