Contact: Dave Barrow, Mayor, 905-771-2493, dave.barrow@richmondhill.ca

Richmond Hill wins unprecedented fight against the OMB and gains parkland for all

RICHMOND HILL - In a landmark ruling yesterday, the Ontario Divisional Court, Ontario Superior Court of Justice ruled that Richmond Hill has the right to determine the rate of parkland dedication it receives from developers within the limits set by the Planning Act. The Court noted that the Ontario Municipal Board (OMB) exceeded its mandate and was not reasonable in its January 2015 decision. 

Last year the OMB imposed a cap on how much parkland Richmond Hill could receive through the development process. This cap limited Richmond Hill’s ability to provide enough parkland to meet the needs of a growing population. 

“This case was the epitome of the OMB overstepping its bounds,” said Mayor Dave Barrow. “This is a jurisdiction that the OMB had no right to be in. And yesterday the Divisional Court agreed with Richmond Hill.” 

Municipalities including Markham, Mississauga, Oakville and Vaughan supported Richmond Hill’s appeal because they recognize that Richmond Hill’s fight was a matter of broad public consequence. 

“Richmond Hill is proud to be at the forefront of this winning appeal,” said Mayor Barrow. “This is the right step forward for municipalities. We know our communities best.” 

The Court concluded that there are limits to the authority, or reach, of the OMB and stated that the OMB bestowed a role onto itself that the legislature clearly intended municipalities would perform.

The decision reaffirms the role of municipalities and their ability to understand and respond to the needs of the community and to plan for their future and this includes securing valuable park spaces that support healthy lifestyles and enhance the quality of life for residents.

Backgrounder

In July of 2010, Richmond Hill Council adopted a new Official Plan that provided for park dedication of 5 percent of the land proposed for development or 1 hectare of land for each 300 dwelling units proposed, or the cash equivalent. 

On April 22, 2013, the Richmond Hill Parks Plan was passed to determine the need for parkland over the next 20 years through an extensive public consultation process. At the same time, a Parkland Dedication By-law was passed to help ensure enough parkland is available to the community.

Developers disputed the Parkland policies of the Official Plan to the Ontario Municipal Board where the Board decided to set a different rate and cap the maximum amount of parkland or cash-in-lieu that Richmond Hill would receive from developers. The Board decided to cap the dedication rate at 25% of the area of the development or the equivalent cash-in-lieu. That decision would affect Richmond Hill’s ability to obtain the necessary parkland needed to serve its growing community.

Before the OMB’s decision could be appealed, the Ontario Divisional Court, Ontario Superior Court of Justice needed to determine whether Richmond Hill had the grounds to do so. This decision was rendered on April 19, 2016 whereby the Ontario Divisional Court, Ontario Superior Court of Justice ruled that Richmond Hill may appeal the Ontario Municipal Board (OMB) decision regarding parkland dedication in its Official Plan.

This ruling paved the way for the appeal that rendered the decision yesterday which overturned the OMB ruling and determined that the matter be remitted back to the Board for its determination in accordance with the reasons outlined in the court decision.