CARRIER MAUSOLEUMS CONSTRUCTION INC. AND REGIONAL MUNICIPALITY OF NIAGARA

DC140006, January 7, 2015.
Acted alongside Stephen D’Agostino on behalf of Carrier Mausoleums Construction to successfully dispute the levy of development charges on the addition of a new wing to an existing mausoleum. Issues included the correct interpretation of a development charges by-law and how to resolve any ambiguity. The Board found that development charges are tantamount to a tax burden that must be imposed through express language. Where there is ambiguity, a development charges by-law is to be interpreted in favour of the individual or entity being charged. The Board stressed that it is incumbent upon municipalities to express themselves in “unmistakably clear terms’” to avoid consequences flowing from ambiguous language.

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