Articles

About Articles The below articles are published by the Municipal Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Matthew Lakatos-Hayward

Today
Today

Ontario Divisional Court Interprets Committee of Adjustment Procedural Requirements for Participants

  • February 22, 2024
  • Caroline Jordan and Matthew Lakatos-Hayward

On October 23, 2023, the Ontario Divisional Court (the “Divisional Court”) issued its decision in Loeb v. Toronto (City) (the “Decision”). The Divisional Court made several findings with respect to the standing of third-party participants in a minor variance application to seek judicial review from Committee of Adjustment decisions and opined on the level of fairness owed to participants in a minor variance hearing.

Municipal Law, Student Forum

Will it be Enough: The impact of new exemptions to spur development

  • February 02, 2024
  • Jennifer Evola

The Province of Ontario has delivered a clear message with regard to its expectations for both the private and public sector. There is to be more housing supply, built faster and priced more affordably. This article covers the new Provincial initiatives brought forward since 2019, currently in force, with the intent of achieving the stated Provincial goal of building 1.5 million new homes in 10 years.

Municipal Law, Student Forum

Provincial Government Telling Developers to “Use It or Lose It” in Respect of Certain Ministerial Zoning Orders, and Consulting on New MZO Approvals Process

  • January 23, 2024
  • Kailey Sutton and Patrick Pinho

On December 13, 2023, the Ontario Ministry of Municipal Affairs and Housing announced that it would be taking a critical eye to a number of existing ministerial zoning orders made pursuant to the Planning Act, and proposing revocations and amendments in support of a new “use it or lose it” approach to such orders. It will also be consulting with stakeholders on a new “go-forward framework” in respect of Ministerial Zoning Order requests and approvals.

Municipal Law, Student Forum

Why You Should Consider Articling with a Municipality

  • December 12, 2023
  • Sean Ovas, Regional Municipality of Peel

I started articling with the Regional Municipality of Peel (“Peel”) in July. Based on my experience so far, there are several reasons why I would recommend that every law student should consider articling with a municipality, particularly if they can’t decide what they want to do.

Municipal Law, Student Forum

Case Summary: R v Greater Sudbury (City) – 2023 SCC 28

  • November 20, 2023
  • Sarah Hahn and Alex Cockburn, Barriston Law

A recent decision from the Supreme Court of Canada involving a tragic incident has provided clarity on what the courts will assess when determining if a municipality is an “employer” under Ontario’s Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the “OHSA”).

Municipal Law, Student Forum

Court of Appeal Clarifies Relationship Between Adverse Possession and Municipal Parkland

  • November 20, 2023
  • Carolina Campos

The Ontario Court of Appeal, in Kosicki v. Toronto (City), 2023 ONCA 450, recently considered the relationship between the common law doctrine of adverse possession and its applicability to municipal parkland. The central question at stake in the dispute was the following: Can private landowners gain title over municipal parkland through adverse possession?

Municipal Law, Student Forum

OLT Clarifies When Municipalities May Prescribe Affordable Housing Requirements in Official Plans

  • November 02, 2023
  • Matthew Lakatos-Hayward, Goodmans LLP

On September 6, 2023, the Ontario Land Tribunal (the “OLT”) issued its decision in Calloway REIT (Mississauga) Inc. v Mississauga (City) (the “Decision”). The OLT found that the Planning Act grants municipalities the authority to enact general policies encouraging and promoting affordable housing, but does not allow them to mandate specific requirements outside of inclusionary zoning.

Municipal Law, Student Forum