Articles 2023

On October 23, 2023, the Ontario Divisional Court (the “Divisional Court”) issued its decision in Loeb v. Toronto (City) (the “Decision”). The Divisional Court made several findings with respect to the standing of third-party participants in a minor variance application to seek judicial review from Committee of Adjustment decisions and opined on the level of fairness owed to participants in a minor variance hearing.

In Mann v Saugeen Shores, the Applicant claimed Charter violations because of their alleged denial to “meaningfully communicate” with elected officials.

This article reviews a recent decision by the Ontario Superior Court of Justice, Law Society of Ontario v Metrolinx , which dismissed Law Society of Ontario’s motion for an interlocutory injunction to stop Metrolinx from removing eleven trees on the Osgoode Hall site.

The Province of Ontario has delivered a clear message with regard to its expectations for both the private and public sector. There is to be more housing supply, built faster and priced more affordably. This article covers the new Provincial initiatives brought forward since 2019, currently in force, with the intent of achieving the stated Provincial goal of building 1.5 million new homes in 10 years.

On December 13, 2023, the Ontario Ministry of Municipal Affairs and Housing announced that it would be taking a critical eye to a number of existing ministerial zoning orders made pursuant to the Planning Act, and proposing revocations and amendments in support of a new “use it or lose it” approach to such orders. It will also be consulting with stakeholders on a new “go-forward framework” in respect of Ministerial Zoning Order requests and approvals.

This article outlines strategies on minimizing the risks associated with abnormally low bids in municipal procurement.

I started articling with the Regional Municipality of Peel (“Peel”) in July. Based on my experience so far, there are several reasons why I would recommend that every law student should consider articling with a municipality, particularly if they can’t decide what they want to do.

A recent decision from the Supreme Court of Canada involving a tragic incident has provided clarity on what the courts will assess when determining if a municipality is an “employer” under Ontario’s Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the “OHSA”).

The Ontario Court of Appeal, in Kosicki v. Toronto (City), 2023 ONCA 450, recently considered the relationship between the common law doctrine of adverse possession and its applicability to municipal parkland. The central question at stake in the dispute was the following: Can private landowners gain title over municipal parkland through adverse possession?

On September 6, 2023, the Ontario Land Tribunal (the “OLT”) issued its decision in Calloway REIT (Mississauga) Inc. v Mississauga (City) (the “Decision”). The OLT found that the Planning Act grants municipalities the authority to enact general policies encouraging and promoting affordable housing, but does not allow them to mandate specific requirements outside of inclusionary zoning.