Articles 2022

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Today

Proposed Changes to the Ontario Land Tribunal Rules of Practice and Procedure

  • October 25, 2024
  • Robert Miller and Nikolas Koschany, Davies Howe LLP

On August 20, 2024, the Ontario Land Tribunal (“OLT” or “Tribunal”) launched consultations on proposed changes to its Rules of Practice and Procedure (the “Proposed Rules”). Consultations ran from August 20 to September 27, 2024. On October 1, the Tribunal announced it was reviewing the feedback received during consultation and would provide further details once that review was complete.

Municipal Law, Student Forum

Ontario Plans for Growth: The New Provincial Planning Statement Published

  • August 28, 2024
  • Matthew Lakatos-Hayward, Signe Leisk

On August 20, 2024, the province of Ontario published the new Provincial Planning Statement, 2024, a province-wide policy instrument that, once in force, will replace both the Provincial Policy Statement, 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe. It will come into force on October 20, 2024.

Municipal Law, Student Forum

Section 440 of the Municipal Act, 2001 and the Modified Statutory Injunction Test

  • June 26, 2024
  • Eric Davis and Jamie Cockburn

When a municipality seeks injunctive relief to restrain the breach of a by-law pursuant to section 440 of the Municipal Act, 2001, the municipality enjoys different rights versus a party seeking standard injunctive relief flowing from the equitable jurisdiction of the Superior Court of Justice.

Municipal Law, Student Forum

Beyond the Date: The Admissibility of Post-Effective Planning Evidence in Expropriation Cases

  • June 18, 2024
  • Matthew Tai, articling student, Stikeman Elliott LLP

In determining valuation of an expropriated interest, arbitral tribunals must consider existing planning and zoning regulations. However, the admissibility of evidence concerning post-expropriation planning and zoning changes can often become a pivotal issue in determining the probable highest and best use, as well as the market value of the subject property.

Municipal Law, Student Forum

Professionalism Tips for Managing Uncertainty in a Land Use Planning Legal Practice

  • May 14, 2024
  • Scott Snider

For the professionalism portion of the Law Society’s recent Eight Minute Municipal Lawyer program, I was asked to reflect on managing uncertainty in the land use planning process. Here are my top five tips, most of which come from advice I have received over my longish career. I note that these are written from my perspective as a private practitioner, but I think that the majority are applicable to lawyers practicing in-house as well.

Municipal Law, Student Forum

What Was Old is New Again: Proposed Changes under the Cutting Red Tape to Build More Homes Act, 2024

  • April 19, 2024
  • Peter Voltsinis, Matt Reiner, Jennifer Evola, Signe Leisk

On April 10, 2024, the Ontario government (the “Province”) introduced Bill 185: Cutting Red Tape to Build More Homes Act, 2024 (“Bill 185”), which simultaneously reintroduces and repeals prior changes to the planning and development regime in Ontario. This article provides a brief overview of these proposed legislative changes as it relates to planning and development.

Municipal Law, Student Forum