Municipal and Planning Law Update: Bill 73 - Changes to the Planning Act

June 27, 2016 | download

Bill 73 - Changes to the Planning Act

In March 2015, we reported on the Province's first reading of Bill 73 – Smart Growth for Our Communities Act, 2015 – and some of its key changes to the Planning Act and the Development Charges Act, 1997. On July 1, 2016, a number of the Bill 73 amendments will come into force.

The Benefits of Brightfields Developments for Municipalities

June 3, 2016 | download

The increasing viability and importance of distributed energy resources, and the content of the provincial government's policies on climate change, make the use of brownfields sites for brightfields developments a compelling option for municipalities.*

Interpreting a Regulator's Jurisdiction to Award Costs: Lessons from Registrar REBBA v. Jolly

April 26, 2016 | download

WeirFoulds recently acted as Amicus Curiae in a judicial review involving the interpretation of a regulator's jurisdiction to award costs. Although the case focused on the particular statutory framework applicable to the Appeals Committee of the Real Estate Council of Ontario ("RECO"), the case contains important lessons for other regulators.

Alternative Dispute Resolution: An Alternative to an OMB Hearing?

March 29, 2016 | download

Developers and builders working in the GTA know that the process to get projects approved has become more complex, expensive, lengthy and uncertain. Anything that attempts to ease these stresses is a welcome relief. 

B.C. Court of Appeal Upholds Regulatory College's By-laws

March 28, 2016 | download

The British Columbia Court of Appeal's recent decision in Sobeys West Inc. v. College of Pharmacists of British Columbia[1] is an important decision for regulators in two respects. First, it recognizes the latitude regulators ought to be given when enacting by-laws. Second, it clarifies the nature of the evidence that regulators will need to provide when their by-laws are challenged on judicial review. On the whole, the decision comes as a welcome confirmation of the deference that courts will show to regulators when they enact by-laws in the bona fide exercise of their authority.

Regulators Breathe a Sigh of Relief: Registration of Foreign-Trained Professionals

February 23, 2016 | download

In a recent decision, Justice Ross of the Court of Queen's Bench of Alberta considered whether a foreign-trained engineer's human rights had been violated by the Association of Professional Engineers and Geoscientists of Alberta (the "Association") when it required him to fulfil certain requirements before he could register as a professional engineer in that province.

Proposed Changes to Ontario's Health Privacy Laws

December 15, 2015 | download

Proposed Changes to Ontario's Health Privacy Laws - What do they mean for Regulators?

Two Important Cases for Regulatory Bodies on the Ontario Human Rights Code

October 1, 2015 | download

Two Important Cases for Regulatory Bodies on the Ontario Human Rights Code

Regulatory Colleges Respond to Health Privacy Breaches

August 28, 2015 | download

Breaches of Health Privacy: Role of Professional Regulatory Colleges

Regulatory Colleges Respond to Health Privacy Breaches

June 10, 2015 | download

Breaches of Health Privacy: Role of Professional Regulatory Colleges

Province Makes Significant Changes to the Planning Act and Development Charges Act

March 31, 2015 | download

The Ministry of Municipal Affairs and Housing (MMAH) has completed its province-wide consultation, which looked at the way development is planned and paid for.

Regulatory Colleges Tackle Transparency

March 9, 2015 | download

Information Sharing in Professional Regulation: What Does the Public Need to Know?

Parkland Dedication: "How Low Can You Go?"

February 5, 2015 | download

In the modern urban environment, parks and public recreational facilities are things that can be both greatly appreciated and taken for granted.

The ICRC's Power to Order an Independent Medical Examination: The Ontario Divisional Court's Decision in Iacovelli v. College of Nurses of Ontario

January 26, 2015 | download

The recent Divisional Court decision of Iacovelli v. College of Nurses of Ontario1 discusses the significant power of the Inquiries, Complaints and Reports Committee ("ICRC") of a health regulatory College to order an independent medical examination.

Quiz: E-Discovery

August 2, 2014 | download

Case Law Update: W.J. Holdings Limited v City of Toronto

November 16, 2011 | download

Municipality – Civil Contempt – Conditions on Demolition Permits

Case Law Update: R v Côté

November 16, 2011 | download

Constitutional law – Canadian Charter of Rights and Freedoms – s. 24(2) – Exclusion of evidence

Case Law Update: Mexico v Cargill, Incorporated

November 16, 2011 | download

North American Free Trade Agreement – International Arbitration – Standard of Judicial Review

Case Law Update: Crookes v Newton

November 16, 2011 | download

Libel and Slander – Hyperlinks – Publication – Innocent Dissemination 

Case Law Update: Lax Kw'alaams Indian Band v Canada (Attorney General)

November 16, 2011 | download

Constitution Act, 1982 – Aboriginal Rights – Proof

Case Law Update: British Columbia (Workers Compensation Board) v Figliola

November 16, 2011 | download

Administrative Law – Human Rights – Tribunal Jurisdiction

Case Law Update: Canada (Canadian Human Rights Commission) v Canada (Attorney General)

November 16, 2011 | download

Administrative Law – Remedial Jurisdiction – Canadian Human Rights Act – Legal Costs – Standard of Review – Statutory Interpretation

Litigation Update - October 2011

October 20, 2011 | download

Seven case law updates released between August and October 2011.

Case Law Update: The Corporation of the Municipality of Meaford v Grist et al

October 20, 2011 | download

Shoreline Dispute – Public Highway – Summary Judgment – Registry Act

Case Law Update: Canada (Attorney General) v PHS Community Services

October 20, 2011 | download

Constitutional Division of Powers – Interjurisdictional Immunity – Canadian Charter of Rights and Freedoms – Life, Liberty and Security of the Person – Principles of Fundamental Justice – Ministerial Discretion

Quiz: Corporate Governance in the Energy Sector

October 1, 2011 | download

How well would you deal with some of the challenges facing in-house counsel working within the energy sector? Take this quiz and find out.

Development Issues: Rail Corridor Setbacks and CN Guidelines

October 1, 2011 | download

Land use development along railway corridors poses a unique set of challenges as it operates within a multi-jurisdictional framework.

Case Law Update: Gagliano v Gomery and the Attorney General (Canada)

September 21, 2011 | download

Administrative Law – Natural Justice – Bias – Public Inquiries

Case Law Update: Alberta (Aboriginal Affairs and Northern Development) v Cunningham

September 21, 2011 | download

Constitutional Law – Canadian Charter of Rights and Freedoms – Discrimination

The Role of the Ontario Municipal Board in Human Rights Issues

August 29, 2011 | download

Human rights issues emerging from the land use planning process (Advocacy Centre for Tenants Ontario v Waterloo).

Timely Tax Returns Should be a Top Priority

August 15, 2011 | download

Rosenberg Estate v. Canada (National Revenue) – a cautionary reminder that every effort should be made to file tax returns on time.

Proposed Mandatory Energy Conservation Planning for Public Agencies

August 10, 2011 | download

A proposed regulation under Ontario's Green Energy Act, 2009 would require public agencies to report their annual energy consumption and greenhouse gas emission.

An Ounce of Prevention: What Employers Need to Know about Recent Changes to Ontario's Health and Safety System

August 1, 2011 | download

New Ontario law changes the face of occupational health and safety regulation.

The Accessibility for Ontarians with Disabilities Act - Customer Service Standard

July 22, 2011 | download

The Customer Service Standard addresses the business practices and training required to provide goods and services to people with disabilities.

The Municipal Integrity Commissioner in Ontario: Role and Responsibilities

June 16, 2011 | download

The Municipal Statute Law Amendment Act, 2006 (formerly Bill 130) amended the Municipal Act, 2001, and the City of Toronto, 2006, effective January 1, 2007, to add a new part, entitled "Accountability and Transparency".

Quiz: Procurement and Mining

June 1, 2011 | download

Since the 1981 Supreme Court decision in R. v. Ron Engineering, the law of tendering has developed into a legal minefield.

Legislative Update: Better Tomorrow for Ontario Act (Budget Measures), 2011

June 1, 2011 | download

S.O. 2011, c. 9 (Royal Assent May 12, 2011)

Case Law Update: Canada (Attorney General) v Mavi

June 1, 2011 | download

Administrative Law – Procedural Fairness – Immigration and Refugee Protection Act – Sponsorship program

A Society Devoted to the Art of Legal Writing

May 30, 2011 | download

A few years ago some Bay St law firms subjected their associates to compulsory viewing of video interviews of US Supreme Court judges on the subject of persuasive writing.

Not Why I Ran for Office - The Perils of a Councillor Facing Allegations of Improper Conduct

May 6, 2011 | download

Two principal matters of concern to councillors in terms of potential for allegations of misconduct are the Municipal Conflict of Interest Act and their council's own code of conduct.

Quiz: P3s and Infrastructure

April 1, 2011 | download

Inside Infrastructure - can you work your way through a P3 transaction?

Legislative Update: Federal Election 2011

March 30, 2011 | download

Federal Election 2011–The Legislative Impact
The Canadian government's recent defeat has had a legislative impact.

Case Law Update: Hanna v Ontario (Attorney General)

March 30, 2011 | download

Judicial Review – Regulations – Renewable Energy

Case Law Update: Quebec (Attorney General) v Canada

March 30, 2011 | download

Social Law – Canada Assistance Plan – Cost-sharing – Statutory Interpretation

Case Law Update: Taylor v Canada (Attorney General)

March 30, 2011 | download

Civil Procedure – Class Proceedings – Regulatory Negligence – Proximity

Case Law Update: Withler v Canada (Attorney General)

March 30, 2011 | download

Charter of Rights and Freedoms – Equality Rights – Age Discrimination – Use of Comparator Groups

Case Law Update: Reference re Assisted Human Reproduction Act, 2010

March 1, 2011 | download

Constitutional Law – Division of Powers – Federal Jurisdiction Over Criminal Law – Provincial Jurisdiction over Property and Civil Rights

Intensification and the Growth Plan: Lessons Learned

February 4, 2011

Property Development Aspects of Infrastructure and Other Public Projects

February 1, 2011 | download

It is widely recognized that there is a critical need for construction of new infrastructure and the repair and maintenance of existing infrastructure.

Is Your Independent Contractor Truly Independent?

January 21, 2011 | download

Third category – dependent contractor – determined in Ontario Court of Appeal decision in McKee v. Reid's Heritage Homes Ltd.

Urban Renewal and Community Revitalization: Tools That Can Help

January 1, 2011 | download

One of the greatest challenges facing municipal governments today is the need to stimulate economic development and urban renewal.

The Search for a Meeting of Minds in the Interpretation of Ontario's Municipal Conflict of Interest Act

January 1, 2011 | download

Areas of ambiguity in the Act continue to cause confusion and uncertainty. This article clarifies the intent and effect of the Act.

Book Review: The Duty to Consult - New Relationships with Aboriginal Peoples

January 1, 2011 | download

The duty to consult Aboriginal peoples requires the Crown to speak with First Nations, Inuit peoples, and Métis communities before undertaking action which may adversely impact those groups' constitutional rights.

Urban Renewal and Community Revitalization: Tools That Can Help

January 1, 2011

Mind the tax: Considerations for ex-patriot employees working in Canada

November 30, 2010 | download

Here are some key issues you should address before making the decision to transfer an employee to work in Canada.

Approval Queue Eases: Ontario Overrides Municipal Planning Controls for Green Energy

November 1, 2010 | download

Recent reforms could make it easier for building owners and managers to incorporate green energy technology into building retrofits.

Regulatory Independence: The Impact of the Green Energy Act on the Regulation of Ontario's Energy Sector

September 3, 2010 | download

The Green Energy and Green Economy Act made significant changes to the regulatory regime for Ontario's energy sector.

Councillor Successful in Protecting Council Funds

July 20, 2010 | download

The City of Toronto had no legal power to indemnify two Council members for legal costs incurred in responding to compliance audit requests.

Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario's Green Energy Law

June 14, 2010 | download

An important part of Ontario's green energy initiative is legislation that seeks to levy a so-called special purpose charge ("SPC") on ratepayers.

Case Law Update: The Supreme Court of Canada Finds that Administrative Tribunals have the Jurisdiction to Grant "Charter" Remedies

June 14, 2010 | download

The Supreme Court of Canada has removed any lingering doubts that administrative tribunals have the authority to grant "Charter" remedies.

Legislative Update: Energy Consumer Protection Act, 2010

June 1, 2010 | download

Ontario Bill 235 received Royal Assent on May 18, 2010. The purpose of the new legislation is to provide safeguards for energy consumers.

First Ontario Energy Board Decision to Consider the Implementation of Ontario's Green Energy Act

May 6, 2010 | download

First decision released by the Ontario Energy Board addressing implementation of Green Energy Act.

Toronto's "Harmonized" Comprehensive Zoning By-law

April 15, 2010 | download

If you own property in Toronto or have development objectives in mind, Toronto's comprehensive zoning by-law is a process you'll want to follow carefully.

Challenging Municipal By-laws and Decisions

February 16, 2010

The Little Red Handbook for Municipal Councillors

February 15, 2010 | download

An essential guide for municipal councillors, officers and staff, including municipal lawyers and lawyers in private practice, respecting clients who deal with municipalities in Ontario.

Toronto's "Harmonized" Comprehensive Zoning By-law: Quis Custodiet Ipsos Custodes?

February 10, 2010 | download

Toronto property owners with development objectives in mind will want to follow carefully the City of Toronto's harmonization of pre-amalgamation zoning by-laws.

Municipal Conflict of Interest Law: A Law in Conflict Based on Interest

December 10, 2009 | download

Members of municipal councils and local boards are only human.

Toronto's "Harmonized" Comprehensive Zoning By-Law: Update

November 19, 2009 | download

WeirFoulds can advise you on how the City's new comprehensive zoning by-law will affect your property.

Residential Housing - Sales and Construction: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting residential real property sales.

Residential Rental Properties - Leases, Sales and Construction: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting residential real property rentals and construction.

Sale or Lease of Goods: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting supplies of goods.

Services: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting supplies of services.

Commercial Leases: HST Transitional Rules

November 10, 2009 | download

A summary of the Ontario HST transitional rules affecting commercial leases.

Getting Municipalities to Work, or Getting Work to Municipalities: Protection and Conversion of Employment Lands

August 27, 2009 | download

Over the course of the last decade a variety of factors have contributed to the migration of employment uses.

Toronto's "Harmonized" Comprehensive Zoning By-law: Closer to Approval

July 30, 2009 | download

Since 2004, the City of Toronto has been working on harmonizing the 43 different zoning by-laws inherited from its pre-amalgamation municipalities into one single comprehensive zoning by-law.

OMB Variability

May 20, 2009 | download

Most municipalities subject to the provincial growth plan are still going through exercises required to ensure that their official plans conform with provincial policy.

Doing Business in Ontario: An Overview of Environmental Protection Law

April 30, 2009 | download

This guide provides a brief overview of the main elements of environmental protection law in Ontario.

Renewable Energy Projects: PLanning Powers Reduced

April 29, 2009 | download

The Government of Ontario introduced and gave first reading to the Green Energy Act, 2009 on February 23.

Municipal Elections Expenses: Greater Clarity For Audit Procedures

March 31, 2009 | download

Important guidance on how the Municipal Elections Act ("MEA") should be interpreted and applied where a candidate's election expenses are subject to an audit.

Toronto Property Tax Relief Program Approved For Building Development or Renovation

March 31, 2009 | download

Toronto City Council recently approved a new program – the Imagination, Manufacturing, Innovation and Technology (IMIT) financial incentive grant program.

Proposed Green Energy Act Places Limits on Municipal Land Use Planning Powers

March 4, 2009 | download

On February 23, 2009, the Government of Ontario introduced and gave first reading to the Green Energy Act, 2009 (the "Act").

Municipal Signage Control: Issues and Challenges

February 1, 2009

A Warning To Members Of Councils and a Plea To The Province

December 1, 2008

The recent court decision in Jaffary v. Greaves highlights key ambiguities in Ontario's Municipal Conflict of Interest Act.

A Warning To Members Of Councils and a Plea To The Province

November 27, 2008 | download

The recent court decision in Jaffary v. Greaves highlights key ambiguities in Ontario's Municipal Conflict of Interest Act, providing a clear warning to councillors of how careful they must be in adhering strictly to its mandate.

Balancing Act – Municipality Not Negligent in Enforcing

October 10, 2008 | download

Recent court decision gives municipalities acting in good faith broad discretion in how by-law enforcement takes place.

Signs of Trouble: Preventing Municipal Sign By-laws From Being Struck Down

September 1, 2008

Municipalities Could Face Reduced Business Property Assessments

June 20, 2008 | download

It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how income producing properties should be assessed for municipal taxation in Ontario.

Toronto Lobbyist Rules – A New Way of Doing Business

June 20, 2008 | download

The City of Toronto's computer leasing scandal unfolded nearly a decade ago, but its impact continues to be felt today as the City puts procedures in place to minimize the chances of such a scandal recurring.

Major Shift in Law Relating to Bidding and Tendering

June 20, 2008 | download

A simple clause in an RFP document excluding liability has the potential to alter the business tendering landscape.

Less Onerous Employee Dismissal Process for Municipalities

June 9, 2008 | download

The Supreme Court of Canada makes it clear that a fairness hearing is not needed prior to dismissing the holder of a public office.

Public Peephole into Municipal Affairs is Widening

June 2, 2008 | download

The Ontario Court of Appeal has expanded public access to information to include the business activities of a municipally-owned corporation.

Putting new municipal accountability measures into action

January 1, 2008 | download

Major amendments to the Municipal Act, 2001 took effect on January 1, 2007. One of the key changes was the introduction of accountability provisions that give municipalities the power to create new positions to help ensure that good governance is maintained by local council and boards.

Duty to consult with First Nations: A municipal obligation?

January 1, 2008 | download

The Canadian federal government and all provincial governments have a duty to consult with the First Nations before taking any steps that may infringe on aboriginal or treaty rights which are claimed or have been established. The case law on this point is clear. What isn't so clear is whether the duty to consult with the First Nations applies to municipalities when making land-use or other decisions that may impact these rights.

Conflicting court decisions on OMB appeals

November 21, 2007 | download

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

September 1, 2007 | download

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?

August 1, 2007 | download

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

June 30, 2007 | download

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.

Power to delegate far reaching for Ontario municipalities

June 1, 2007 | download

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.

Clean drinking water: Provincial protection with a municipal impact

June 1, 2007 | download

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.

June 1, 2007 | download

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.

Changes to construction plans? Building permits can be revoked

June 1, 2007 | download

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.

Changes to Ontario's CVOR System - Effective April 2, 2007

April 2, 2007 | download

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

September 1, 2006 | download

Municipalities have new powers to protect heritage resources, but outdated designating by-laws could thwart protection efforts.

Planning to shape your municipal future

September 1, 2006 | download

Recent changes to the Planning Act give municipalities more authority to control local development.

Flexing that municipal muscle

September 1, 2006 | download

In their legislative role, municipalities face challenges not seen by other levels of government. Luckily, there's never been a better time for creative solutions.

Requests for Proposal

June 1, 2004 | download

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.

Embee Properties Limited et. al.

June 1, 2004 | download

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.

Standard of Judicial Review

June 1, 2004 | download

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.

Drug & Alcohol Testing: Zero Tolerance is Against the Law

April 1, 2004 | download

A decision of the Canadian Human Rights Tribunal, released November 6, 2003 (the "Tribunal's Decision"), partially resolves the dilemma facing transportation companies about what they can and cannot do with respect to drug and alcohol testing for their employees...

Are your Business Practices an Invasion of Privacy?

January 1, 2004 | download

If you operate an interprovincial or international transportation business that is subject to the Canada Labour Code, PIPEDA already applies to your business.