Town Of Richmond Hill Successfully Defends Parkland Decision At Divisional Court
Municipalities across Ontario have reason to celebrate as a recent landmark decision by the Divisional Court may generate millions of dollars for parkland at the cost of the development industry.
In Richmond Hill (Town) v. Elginbay Corporation, the Divisional Court considered whether the Ontario Municipal Board (the “OMB”) has the authority to set the alternative rate for the conveyance of parkland in a municipality’s official plan. The Court concluded that the OMB did not. By imposing a cap on the alternative rate in the Town of Richmond Hill’s official plan, the Court held that the OMB overstepped its jurisdiction and unnecessarily fettered the discretion of the Town to make its own decisions, contrary to the intent of the Legislature. Read more from Town of Richmond Hill Successfully Defends… (BLG.com, September 26, 2016)
- Richmond Hill (Town) v Elginbay Corporation, 2016 ONSC 5560 Ontario Superior Court of Justice Decision (September 6, 2016)
- Ontario Municipal Board Case number PL110189 Decision (January 15, 2015)