Jul 6, 2017

Pumping the Brakes: New Regulations Aim to Limit the Impact of Short-Term Rentals in Toronto

The rise of the “sharing economy” has spawned many new industries, but perhaps one of the most prominent (together with ride sharing) has been the explosion in “vacation rental by owner” services, led most prominently in Canada by Airbnb. These short-term rental platforms operate worldwide, generally without regulation. The City of Toronto (the “City”), however, is seeking to change this trend. On June 12, the City’s Municipal Licensing and Standards division released a number of proposed regulations that could seriously impact the short-term rental market in Toronto. These regulations aim to increase the availability of permanent affordable rental housing by curbing the number of short-term rentals available, especially in the downtown core.

Jun 12, 2017

A Warning to Contractors and a Lesson for Regulators: Enforcement and Penalties Under the Consumer Protection Act

Virtually every regulator engages in some form of consumer protection. Concerns relating to false billing, misleading advertising, and the failure to deliver products and services can be found in nearly every regulatory statute. The vigour with which regulators seek the most serious remedies relating to these consumer protection issues is, however, quite variable. In some cases, the media has criticized regulators for not revoking a registrant’s registration when they have been found guilty of professional misconduct for false or misleading billings.

May 24, 2017

Panic in Wychwood Park?

On May 18, 2017, the Ontario Court of Appeal (“the Court”) released its decision in Black v. Owen. The appeal concerned the enforceability of the appellants’ legal obligation to pay an annual levy as their contribution toward maintenance costs for private roads and other common areas in Wychwood Park, a residential area within the City of Toronto. The payment obligation arose under an 1891 Trust Deed (the “Trust Deed”) registered on title to the lands within Wychwood Park.

May 18, 2017

Ontario Announces Proposed Changes to the OMB and the Results of the Coordinated Review of Four Provincial Land Use Plans

Over the past few days there have been a series of announcements from the province of Ontario regarding the introduction of legislation related to reforms of the Ontario Municipal Board (OMB), and the results of a coordinated review of the Growth Plan for the Greater Golden Horseshoe (GGH), the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan. Please find details about both of these announcements below.

Apr 6, 2017

Residential Landlords Beware! Toronto By-law Creates Onerous New Obligations

On March 28, 2017, Toronto City Council adopted Agenda Item LS17.1, which authorizes the creation of a new by-law (the “By-law“) to govern apartment buildings in Toronto, and creates significant new record-keeping and reporting obligations for residential landlords. The definition of “apartment buildings” is intended to apply to all purpose-built rental properties in Toronto with three (3) or more storeys and ten (10) or more dwelling units available for rent. It will not apply to long-term care facilities, licensed retirement homes, or co-operative housing, but will cover Toronto Community Housing buildings (with some small differences).

The proposed By-law will apply to an estimated 3,578 apartment buildings in Toronto. The By-law will come into effect on July 1, 2017, and according to Councillor Josh Matlow, City inspectors will have visited every building by the end of 2017.