Articles 2023

This article provides an overview of the de novo approach on appeals relating to planning matters in Ireland, England, New Zealand, Australia, and Scotland, framed against the backdrop of the Province of Ontario’s review of the Ontario Municipal Board.

This article provides an overview of some of the proposed changes to Ontario’s four land use plans, draws preliminary conclusions regarding the implementation challenges facing regional and local municipalities, and reviews the development industry’s shared concerns regarding these challenges.

An overview of the key themes and proposed changes identified in the Province’s Public Consultation Document that will guide the government's review of the Ontario Municipal Board.

A review of the Divisional Court’s recent decision dealing with the power of a municipality to establish an alternative rate for parkland dedication in its official plan and the question of whether the Ontario Municipal Board has the authority to impose an overall cap on the alternative requirement as part of the Board’s approval of the official plan.

An overview of the Official Plan and Zoning By-law amendments being considered by the City of Toronto to establish specific minimum setbacks for tall buildings in downtown Toronto.

Overview of changes to the requirements to file financial statements under the Municipal Elections Act, 1996 that have come into effect as a result of the Municipal Elections Modernization Act, 2016.

A discussion of the law applicable to medical marihuana and the City of Toronto's recent enforcement crackdown on dispensaries.

A summary of the OBA's recent "Think Tank" dinner program hosted in partnership with the Ontario Professional Planners Institute, which focused on the OMB's current processes and prospects for the future.

An analysis of the Environmental Review Tribunal's attempts to balance the goal of growing the renewable energy sector against the impacts of such growth on endangered and threatened species.

A discussion of whether it is appropriate to base the current value assessment of property for tax purposes on an analysis of the highest and best use of the property.