The case 2755249 Ontario Inc. v. Wilson et al., 2024 ONSC 5627 involves a dispute between 2755249 Ontario Inc. and Jon Wilson (Chief Building Official of Mississippi Mills) over building permit fees and development charges for a renovation project.

Key Points:

• Background: The applicant purchased an abandoned seniors' residence intending to convert it into low-rise affordable apartments. The project involved renovating and expanding existing units.

• Permit Dispute: The Chief Building Official (CBO) classified the work as "new construction" rather than a renovation, which led to higher fees. The applicant disagreed but paid the fees under protest.

• Phase I & II:

  • Phase I: Renovation completed after a permit was issued. Dispute arose over fees charged for "new housing units" vs. renovations.
  • Phase II: Involved both expanding existing units and creating new ones. The CBO charged fees for new construction, which the applicant contested.

• Court's Decision:

  • The Court found the CBO's classification unreasonable, ruling that the expanded units were renovations, not new construction.
  • It ordered permit fees to be reduced to $250 and set development charges to $0 for Phase II.
  • Fees for Phase I were also deemed incorrect, and the municipality must recalculate and refund overcharged amounts.

• Further Orders: The Court extended the time for appeal and consolidated this case with a related previous one. The applicant was awarded partial costs. Amount for costs was not specified.