Georgina development charge fight ends after 3-year battle

YorkRegion.com
Feb. 5, 2015
ByHeidi Riedner

A three-year legal battle over development charges that could cost Georgina taxpayers close to $500,000 is finally over after the town’s last appeal was dismissed by the Ontario Court of Appeal.

The town and local builder Tim Danbrook are looking to move forward, according to a joint media release issued Tuesday after representatives from the town met with Danbrook and some of the owners of existing single lots of record Monday.

This joint meeting sets the stage for public engagement in the upcoming 2015/16 development charges review, the release states.

The town is committed to providing opportunities for inclusivity, ensuring fair representation for all residents of Georgina.

An owner of several vacant building lots, Danbrook took issue with the fact what are known as lots of record would no longer be exempt from levies under a new development charges bylaw back in 2011.

He also felt fair public comment and input was denied after promises to notify interested parties about the bylaw’s passing went unfulfilled in his opinion.

Jan. 30, the Town of Georgina lost its bid to appeal a previous Superior Court decision in favour of Danbrook and must now pay his legal fees, at last count $90,000, plus $20,000 for his personal time, in addition to $73,288 in wrongfully collected development charges from 12 local builders.

The court concluded that had the town given adequate notice of a meeting where the bylaw was going before council, certain vacant lot owners may have attended and persuaded council to maintain an 18-month exemption.

The court therefore ordered that if any of those builders paid a development charge during the 18-month period, the charge should be rebated to them.

The Ontario Court of Appeal announced Friday that it is refusing to hear any further appeals on the development charge bylaw dispute initiated against the town by 12 appellants at the Ontario Municipal Board in 2011 and taken through the courts by Danbrook.

As a result, the decision of the Ontario Divisional Court dated July 8, 2014 is final.

Danbrook said he is “delighted” that the three-judge panel at the Court of Appeal decided to dismiss the town’s request for an appeal and instead upheld the decision in his favour.

“Now, six judges collectively have agreed that the town denied my rights when they passed a bylaw in 2011,” Danbrook added.

Since the 18-month deferral period has long passed, all vacant lots are now subject to development charges as imposed by the bylaw, without any exemptions.

The town has always maintained that position is “fair” and “proper” since the purpose of the bylaw is to finance facilities and services caused by new development.

“I am glad this litigation is at an end,” Mayor Margaret Quirk said. “The town’s bylaw has been upheld to impose development charges against all lots without exemptions. The town can move forward with a fair and equitable development charges bylaw that applies equally to all lot owners.”

Before the town initiated its appeal, legal fees regarding OMB appeals as well as divisional and superior court judicial reviews to defend its bylaw during the past three years cost the taxpayer $357,400.

Just how much has been spent on legal fees since then is yet to be confirmed by the town.

So, too, is clarification regarding the basis of its appeal, which sought to ensure the validity of the bylaw despite the fact the July 8, 2014 judgment stated the bylaw would remain intact.

The town’s communications manager said summary report of the matter will be worked on following the conclusion of the town’s 2015 budget deliberations and adoption.