In a hearing before the Ontario Land Tribunal (“OLT”) that concluded on October 5, 2023, UniFirst Canada Ltd. (“UniFirst Canada”) – a leading provider of professional uniforms and workwear – sought to appeal development charges imposed in respect of a proposed development on the subject property in London, Ontario based on its incorrect classification. The hearing considered numerous complex issues, including statutory interpretation and the determination of whether the proposed facility was to be considered “industrial” or “commercial”.
The development charge amounts were initially paid under protest to allow the development to proceed without prejudicing UniFirst Canada’s construction timeline to completion. Pursuant to a decision issued by the OLT dated January 11, 2024, Fasken was successful in obtaining a refund of the incorrectly-imposed development charges, with interest, based on the development being held as constituting “industrial development”.
Fasken acted for UniFirst Canada in connection with this hearing with a team comprised of Neil Smiley and Anna Lu.
Jurisdiction
- Ontario
