Resources, Articles, & Advocacy
Article | July 24, 2025
Municipal Discretion, Not Obligation
Municipalities in Ontario are often entrusted with broad legislative and administrative powers, including the creation and enforcement of local bylaws. However, the discretion afforded to them in how and when they enforce these by-laws can sometimes give rise to legal disputes. For plaintiffs contemplating a claim against a municipality for non-enforcement, however, the road ahead is steep. Unless the facts show more than a mere policy disagreement or dissatisfaction with local priorities, the courts are unlikely to interfere. The message from the judiciary is clear: discretion, when exercised reasonably and in good faith, remains a power of the Canadian municipal system.
Legislative Update | July 21, 2025
Your OBA LegUp Policy and Legislative Update Week of July 14
First Nations Groups File Legal Challenge to Ontario’s Bill 5, Feds’ Bill C-5: A coalition of Ontario First Nations is taking legal action to try and throw out provincial and federal legislation designed to fast-track major projects, saying the two laws threaten their rights and “ways of life.” Nine First Nation groups are bringing urgent litigation to the Ontario Superior Court of Justice to try and kill Ontario’s Bill 5 and the federal government’s Bill C-5. The Ford government passed Bill 5 in June, which allows it to create special economic zones where municipal and provincial laws can be suspended. Similarly, the federal Bill C-5 allows cabinet to quickly grant federal approvals for big projects deemed to be in the national interest, such as mines, ports and pipelines, by sidestepping existing laws.
Advocacy | July 07, 2025
Your OBA LegUp Policy and Legislative Update Week of June 30
New Regional Senior Justice Appointed to the OCJ: Justice Anthony Frederick Leitch has been appointed regional senior justice for the Central West Region of the Ontario Court of Justice (OCJ), effective September 1. He had been the acting senior judge in the region since 2023.
Article | June 20, 2025
The Grass is Always Greener: The Limited Lessons of the Toronto Local Appeal Body
The Toronto Local Appeal Body (the “TLAB”) stands as Ontario’s sole local appeals body for planning matters, ruling over appeals of variance and consent decisions from Toronto’s Committee of Adjustment (the “CoA”). Nearly ten years after the TLAB’s inception, the Body has had some successes but remains particularly limited by its role as an administrative tribunal.
Article | June 20, 2025
The Basics of Municipal Service Corporations - A Brief Overview
Municipal service corporations (MSCs) allow municipalities to efficiently deliver key public services by leveraging distinct corporate structures authorized under the Municipal Act, 2001. This article provides a broad overview of MSCs, their governance, benefits, and the legal requirements municipalities must follow when establishing one.
Legislative Update | June 06, 2025
Your OBA LegUp Policy and Legislative Update Week of June 2
Ford Government Passes Mining Legislation: Bill 5, or the Protect Ontario by Unleashing our Economy Act, passed third reading this week and has been granted royal assent by the lieutenant governor. The legislation will create so-called special economic zones where laws, ranging from municipal approvals to environmental rules or even labour law, won’t apply. At Queen’s Park on Wednesday, cries of protest rang out from the galleries inside the legislature as MPPs voted. Indigenous leaders have vowed to keep fighting against the legislation.
