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Publications

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May 30, 2008

Business property tax assessments: This time it’s technical

It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how business property should be assessed for municipal taxes. For the owners of six office tower complexes in downtown Toronto, it was well worth the effort.

Tenant bankruptcy and beyond – Spring 2008

“Bankruptcy” is commonly used to describe a number of legal situations involving a tenant’s financial distress. But with the rights and obligations of landlords and tenants determined by the true course of action taken, it pays for both sides to get the facts.

May 1, 2008

Directors BEWARE – Potential Environmental Liability

When it comes to industrial clean-ups, the Ministry of the Environment is looking for help – and personal liability can lurk in the murky ponds and work sites of the companies you serve.

Capital Pool Companies

For private companies looking to take their company public, a Capital Pool Company (CPC) provides an excellent alternative to the traditional IPO.

Apr 1, 2008

Commercial Leases Quiz

How much do you know about commercial real estate leases?

Feb 1, 2008

The Manual Review Requirement

Manual review and the Air Canada vs. Westjet Airlines case.

Infrastructure Quiz

How much do you know about planes, trains, and automobiles — or more specifically, the public infrastructure that supports them?

Jan 1, 2008

Putting new municipal accountability measures into action

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?

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.

Make it a functional Family Day

The simple addition of one public holiday may be anything but simple for some employers.

Employment settlements that stick

A few careful steps can help ensure the employment termination settlements you provide are beyond any future legal challenge.

Nov 21, 2007

Conflicting court decisions on OMB appeals

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.

Nov 1, 2007

A New Era in Provincial Enforcement

Goodbye regulatory silos. Inspectors from different ministries can now share their observations and findings about your organization with each other.

Oct 1, 2007

Get the lead out

For years now, lower production costs in developing countries have been a competitive advantage for many businesses. But as recent product recalls have shown, it’s a strategy that requires significant attention to the potential risks involved…

Sep 1, 2007

Dealing With Construction Liens

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?

Aug 1, 2007

Is Your Business Licensing By-Law About to Die?

You should be aware that the by-laws of your municipality licensing and regulating various businesses may be about to expire.

Jun 30, 2007

Proposed New Legislation Affects Owners of Rental Buildings in the City of Toronto

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.

Jun 1, 2007

Changes to construction plans? Building permits can be revoked

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.

Municipal actions. Court reactions.

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.

Clean drinking water: Provincial protection with a municipal impact

Ontario residents will soon benefit from greater protections for their drinking water, but these protections will come with both responsibilities and changes for municipalities.

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