The Ontario Land Tribunal will hold a two-day contested hearing to decide if Effort Trust will pay the City of Hamilton either $836,416 or $190,000 in cash-in-lieu of parkland fees for its development at 71 Main Street in Dundas.

As TPR detailed in March, at issue if development charges are calculated upon the issuing of the first building permit or the final building permit.

The shoring permit for the 64 residential condo unit development was issued in May 2022. The final building permit was issued on December 6, 2022.

In between, Bill 23 imposed a new formula and cap for calculating parkland dedication fees. Effort Trust argues the fee should be calculated on December 6, the City argues May 10.

Effort Trust paid $836,416 in protest. If their OLT appeal is successful, the City will be required to refund approximately $646,416 plus interest.

The property’s valuation is another matter of dispute.

Both sides told the OLT during a May 5, 2023, Case Management Conference their property value assessments are “not far apart.”

The two-day hearing will be held on November 16 and 17 by video conference.

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Published: May 8, 2023
Last edited: May 8, 2023
Author: Joey Coleman
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OLT File Number: OLT-22-004846