Bruce Engell

Partner

Practice Areas

Environmental

Litigation & Dispute Resolution

Municipal

Planning & Land Development

Bruce Engell is a Partner at WeirFoulds, and co-chair of the Municipal, Planning and Land Development Practice Group.

His practice focuses on issues respecting the development, use and ownership of land, including municipal, planning, and environmental matters, title and lease disputes, industrial contamination, waste management facilities, road allowances and building permits. He has appeared as counsel in many significant court and Ontario Land Tribunal matters.

Bruce is author of Ontario Planning Practice: Annotated Statutes and Regulations, an annotated loose-leaf publication, and co-author of the book, Remedies and the Sale of Land, 2nd ed.

Experience

Has acted on:

the City of Vaughan’s New Official Plan, dealing with 145 appeals to the Ontario Municipal Board
appeals to the City of Barrie’s Growth Management Official Plan dealing with an urban expansion of over 2000 hectares
the City of Ottawa’s 5-year Official Plan review, respecting its urban boundary
the approval of a residential condominium project in the Yonge Eglinton area
the assembly, and redevelopment for a block in North York’s downtown for several hundred residential units, office and retail uses
lease and public process issues affecting a major residential and commercial redevelopment project for a shopping centre in Alberta
zoning issues for the establishment of millions of square feet of retail uses
issues relating to several lengthy store wars hearings
cost sharing disputes with a municipality involving the jurisdiction of the Board to resolve cost-sharing issues and impose them on a municipality
a leading decision respecting the interplay between environmental assessment provisions and planning approvals by the Board
a critical series of landfill related disputes about the potential expansion of the only landfill then serving Toronto, York Region and Durham Region. Established the jurisdiction of municipalities to enact zoning by-laws relating to landfills and their relationship to Certificates of Approval
several disputes respecting alleged Provincially Significant Wetlands, natural heritage systems and the extent of the Board’s jurisdiction to control tree cutting
litigation respecting allegations of abuse of public office by a municipality in the course of dealing with a residential subdivision
litigation respecting the historical usage of unopened road allowances and municipal obligations to provide access over them
litigation respecting forcing a municipality to open and maintain a road allowance providing access to an illegal residential community in a cottage zone
the judicial review of a municipal restructuring which had taken effect, was ordered quashed and on subsequent proceedings on how to unwind the restructuring
the litigation of a failed complex joint venture, ground lease development agreement for an entire block in downtown North York
a building code appeal involving reliance on easement rights to establish sufficient spatial separation to meet building code requirements for unprotected openings
the litigation of a commercial tenant’s liability under its lease for capital taxes levied against the landlord
a challenge both in the Courts and before the Board to complex municipal arrangements to impose municipal charges exceeding the amounts permitted under the Development Charges Act
a complex shopping centre title dispute including cross-easements and redevelopment projects which triggered both litigation and Board proceedings with the determination of the limits and inter-relationship of each
a defamation trial and appeal involving statements made during the consideration of a development proposal
how to deal with education development charges which had not been collected during a period when they had been declared unconstitutional, but later found to be constitutional on appeal

Duca v Vaughan (City) (2014), 79 OMBR 204

Ottawa (City) By-law No. 2012-147 Re, 2013 ONSC 5062 (Div Ct)

Antorisa Investments Ltd. v Mississauga (City) (2013), 13 MPLR (5th) 149 (OMB)

Meaford (Municipality) v Grist, 2013 ONCA 124

Meaford (Municipality) v Grist, 2011 ONSC 5195

Port Colborne (City) v Nyon Oil Inc., 2010 ONSC 3693 (Div Ct)

Re Barrick Gold Corp. v. Ontario (Minister of Municipal Affairs and Housing) (2000), 51 O.R. (3d) 194 (C.A.) (Municipal Restructuring Challenge in Black River-Matheson)

Re Municipality of Metropolitan Toronto OPA 4 (2000), 40 O.M.B.R. 1 (O.M.B.) (Toronto’s “Second Suites” by-laws)

Valeta Management Inc. v. Vaughan (City) (1996), 33 O.M.B.R. 337 (O.M.B.) (Planning Instruments for Keele Valley Landfill Site)

Georgian Glen Development Ltd. v. Barrie (City) (2005), 13 M.P.L.R. (4th) 194 (Ontario Superior Court of Justice)

Barrick Gold Corp. v. Ontario (Ministry of Municipal Affairs and Housing) (2000), 51 O.R. (3d) 194; Court of Appeal

Barrick Gold Corp. v. Ontario (Minister of Municipal Affairs & Housing) (1999), 7 M.P.L.R (3d) 148 (Ontario Superior Court of Justice)

Dylex Ltd. v. Premium Properties Ltd, (1998), 17 R.P.R (3d) 227; 110 O.A.C. 172 (Ontario Court of Appeal)

Westnor Ltd. v. North York (City) (1997), 35 O.M.B.R. 146; 1 M.P.L.R. (3d) 131 (Ontario Municipal Board)

Bonamorex Inc v. Toronto (City) Committee of Adjustment, (1997), 35 O.M.B.R. 18 (Ontario Municipal Board)

McPherson v. South Dumfries (Townhip) Committee of Adjustment (1996), 34 O.M.B.R. 210 (Ontario Municipal Board)

Dylex Ltd. v. Premium Properties Ltd (1996), 3 R.P.R. (3d) 164 (Ontario Court of Justice, General Division)

Vaughan (City) Official Plan Amendment 332 & Zoning By-law 364-91 (Re) (1996), 33 O.M.B.R. 337 (Ontario Municipal Board)

Wasaga Beach (Town) Official Plan Amendment 37 (Re) (1994), 30 O.M.B.R. 385 (Ontario Municipal Board)

Keneber Inc. v. Midland (Town) (1994), 16 O.R. (3d) 753 (Ontario Court, General Division)

Wasaga Beach (Town) v. Simcoe (County) (1994), 30 O.M.B.R. 399 (Ontario Municipal Board)

McColl v. Gravenhurst (Town) (1993), 1 C.C.E.L. (2d) 227; 67 O.A.C. 55 (Ontario Divisional Court)

Revenue Properties Co. v. Victoria University (1993) 101 D.L.R. (4^th) 172; 62 O.A.C. 351 (Ontario Superior Court of Justice, Divisional Court)

Revenue Properties Co. v. Victoria University, (1993), 62 O.A.C 35 (Ontario Divisional Court)

Wasaga Beach (Town) v. Simcoe (County) (1993), 28 O.M.B.R. 455 (Ontario Municipal Board)

Harbour Quay Develoments Ltd. v. Metropolitan Toronto (Municipality) (November 19, 1991), 6 O.R. (3d) 88; (Ontario Divisional Court)

Wasaga Beach (Town) v. Simcoe (County) (Re) (1991), 25 O.M.B.R. 266 (Ontario Municipal Board)

Wasaga Beach (Town) v. Simcoe (County) (Re) (1991), 25 O.M.B.R. 263 (Ontario Municipal Board)

Mason Industrial Parks Ltd. v. Barrie (City) (1989), 23 O.M.B.R. 422 (Ontario Municipal Board)

Recognized in the Lexpert Special Edition: Infrastructure, 2023
Repeatedly recognized in the Canadian Legal Lexpert Directory as a leading lawyer in Property Development
Repeatedly recognized by Best Lawyers in Canada as a leading lawyer in Municipal Law
Repeatedly recognized in the Chambers Canada Guide as a leading lawyer in Real Estate: Zoning/Land Use Law

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Notable Mandates

Has acted on:

the City of Vaughan’s New Official Plan, dealing with 145 appeals to the Ontario Municipal Board
appeals to the City of Barrie’s Growth Management Official Plan dealing with an urban expansion of over 2000 hectares
the City of Ottawa’s 5-year Official Plan review, respecting its urban boundary
the approval of a residential condominium project in the Yonge Eglinton area
the assembly, and redevelopment for a block in North York’s downtown for several hundred residential units, office and retail uses
lease and public process issues affecting a major residential and commercial redevelopment project for a shopping centre in Alberta
zoning issues for the establishment of millions of square feet of retail uses
issues relating to several lengthy store wars hearings
cost sharing disputes with a municipality involving the jurisdiction of the Board to resolve cost-sharing issues and impose them on a municipality
a leading decision respecting the interplay between environmental assessment provisions and planning approvals by the Board
a critical series of landfill related disputes about the potential expansion of the only landfill then serving Toronto, York Region and Durham Region. Established the jurisdiction of municipalities to enact zoning by-laws relating to landfills and their relationship to Certificates of Approval
several disputes respecting alleged Provincially Significant Wetlands, natural heritage systems and the extent of the Board’s jurisdiction to control tree cutting
litigation respecting allegations of abuse of public office by a municipality in the course of dealing with a residential subdivision
litigation respecting the historical usage of unopened road allowances and municipal obligations to provide access over them
litigation respecting forcing a municipality to open and maintain a road allowance providing access to an illegal residential community in a cottage zone
the judicial review of a municipal restructuring which had taken effect, was ordered quashed and on subsequent proceedings on how to unwind the restructuring
the litigation of a failed complex joint venture, ground lease development agreement for an entire block in downtown North York
a building code appeal involving reliance on easement rights to establish sufficient spatial separation to meet building code requirements for unprotected openings
the litigation of a commercial tenant’s liability under its lease for capital taxes levied against the landlord
a challenge both in the Courts and before the Board to complex municipal arrangements to impose municipal charges exceeding the amounts permitted under the Development Charges Act
a complex shopping centre title dispute including cross-easements and redevelopment projects which triggered both litigation and Board proceedings with the determination of the limits and inter-relationship of each
a defamation trial and appeal involving statements made during the consideration of a development proposal
how to deal with education development charges which had not been collected during a period when they had been declared unconstitutional, but later found to be constitutional on appeal

Reported Cases