Conflicting court decisions on OMB appeals
Municipalities, developers and other interested stakeholders who have been waiting for greater certainty on when Ontario Municipal Board decisions can be appealed to the Divisional Court will have to wait a little longer.
Dealing With Construction Liens
Jackhammers, nail guns, power saws ah the sounds of fall in the city. Recent reports estimate that residential real estate values will increase by 9.5 % this year, and that the average home price in Canada will top $300,000 for the first time. And we already know the state of affairs in commercial construction (especially in Calgary and Vancouver). But did you know that one of the natural consequences of construction is you guessed it!….the construction lien?
Is Your Business Licensing By-Law About to Die?
You should be aware that the by-laws of your municipality licensing and regulating various businesses may be about to expire.
Proposed New Legislation Affects Owners of Rental Buildings in the City of Toronto
Owners of property containing rental housing units in the City of Toronto should take immediate note of a by-law that has been proposed by the City of Toronto. If passed, it will significantly limit a property owner’s ability to demolish, alter, or convert buildings containing six or more rental units.
George Rust-D’Eye has been awarded the Ontario Bar Association’s Award of Excellence in Municipal Law
WeirFoulds is proud to congratulate George Rust-D’Eye on receiving the Ontario Bar Association’s Award of Excellence in Municipal Law. A specialist in municipal law and municipal litigation, George is a […]
Changes to construction plans? Building permits can be revoked
In a recent WeirFoulds win, the Ontario Superior Court confirmed that a chief building official can revoke a building permit if the facts on the ground change after the permit is issued, even if the changes don’t affect what’s built at the end of the day.
Clean drinking water: Provincial protection with a municipal impact
Ontario residents will soon benefit from greater protections for their drinking water, but these protections will come with both responsibilities and changes for municipalities.
Municipal actions. Court reactions.
With the actions of municipalities having such a direct and wide-ranging impact on the communities they serve, conflicts inevitably occur and court cases result. Here are a few recent cases you may find of interest.
Power to delegate far reaching for Ontario municipalities
A new era for municipal governments in Ontario was ushered in on January 1, 2007 with the proclamation of Bill 130’s major amendments to the Municipal Act, 2001.
Changes to Ontario’s CVOR System – Effective April 2, 2007
If you hold a CVOR, you need to be aware of important changes to the CVOR system which came into effect on April 2, 2007.
New Teeth for Ontario Heritage Act
Municipalities have new powers to protect heritage resources, but outdated designating by-laws could thwart protection efforts.
Planning to shape your municipal future
Recent changes to the Planning Act give municipalities more authority to control local development.
Embee Properties Limited et. al.
This case summary illustrates how a landowner may strategically gain control over an otherwise unwieldly planning process. If the right circumstances exist to invoke a Joint Board consolidated hearing under the provisions of the Consolidated Hearings Act (“CHA”), any hearings that may proceed within the same land area covered by the CHA might be precluded from proceeding.
Requests for Proposal
With the release of her decision in Buttcon et al. v. Toronto Electric Commissioners, Madam Justice MacFarland of the Ontario Superior Court of Justice provided some much needed guidance to understanding the legal rules applicable to the Request for Proposal process.
Standard of Judicial Review
The Ontario Municipal Board (OMB) is an expert tribunal representing the pinnacle of planning decision-making in the province, especially since the removal of cabinet petitions in respect of Planning Act matters. However, in terms of law and jurisdiction, it is not the final decision-maker.