AGM helps client secure release of site plan deposits improperly held by Ontario municipality in bad faith
The recent decision in Dominus/Cityzen Brampton SWQRP Inc. v. Brampton (City), 2020 ONSC 5806 provides valuable insight into the duty of municipalities to act in good faith and to act reasonably when refusing to return or reduce a deposit posted under a Site Plan Agreement (SPA). Dominus agreed to develop lands for the expansion of Brampton’s City Hall under a public-private partnership. The City was, on the one hand, the party who requested the work to be done. On the other hand, the City was the regulator under Ontario’s Planning Act. Acting in its regulatory function, the City required Dominus ... [more]
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