Development Charges By-law 1137-2022 - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2026-02-04 · Toronto City Council · adopted

As filed

City Council on February 4, 2026, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2026) from the City Solicitor 2. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (January 26, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege and relates to matters that are the subject of potential litigation.

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Confidential Attachment 1 and Confidential Appendix A to the report (January 26, 2026) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege and relates to matters that are the subject of potential litigation. Confidential Attachment 1 and Confidential Appendix A to the report (January 26, 2026) from the City Solicitor will made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On August 15, 2022, the City passed a Development Charges By-law, being By-law 1137-2022. The Development Charges By-law was appealed to the Ontario Land Tribunal by five appellants. The Tribunal convened two Case Management Conferences on March 10, 2023 and June 26, 2023. Following the Case Management Conferences, there remains one outstanding appellant of the Development Charges By-law, being Dunpar Developments Incorporated.

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The Tribunal ordered that the hearing be phased with the first phase of the hearing scheduled for 14 days commencing on June 1, 2026. Exchange of witness lists are required by February 23, 2026. Given the procedural timelines in advance of the Hearing, this matter is urgent and should not be deferred. The Chief Financial Officer and Treasurer has been consulted on this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council direct that Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege and relates to matters that are the subject of potential litigation.

On the record

The item as the City filed it

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