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: Katie Butler

Today
Today
Map of Ontario with diagonal line just south of North Bay, indicating 'Yes' above the line and 'No' below the line vis a vis question posed in title

Can I Cut Down My Own Christmas Tree?

  • January 10, 2023
  • Sarah Hahn, Barriston LLP

An overview of the rules applicable to cutting trees in Ontario year-round, which may be particularly relevant during the holiday season, when clients may be considering cutting down their own Christmas tree.

Municipal Law, Student Forum

Strong Mayors: Shifting the Municipal Governance Model

  • November 15, 2022
  • John Mascarin and Jennifer Bilas, articling student, Aird & Berlis

A comparison of the "strong mayor" system to the "weak mayor" system, providing an overview of the changes introduced by the Strong Mayors, Building Homes Act, 2022. Topics discussed include how the system will apply in Toronto and Ottawa, potential application to other municipalities, strong mayor powers such as budget, hiring and veto powers, council override powers, immunity, and delegation. The authors also consider whether or not this system can deliver on the Province's intended goals.

Municipal Law, Student Forum

Case Summary: Clarifying the Law of De Facto Expropriation

  • October 19, 2022
  • Alex Cockburn, articling student, Barriston LLP

Case summary of the Annapolis and Halifax saga, where the Supreme Court of Canada has the opportunity to consider the law of "de facto" expropriation.

Municipal Law, Student Forum
Photo of Section Chair Christie Gibson

A Letter from the OBA Municipal Law Section Executive Chair

  • September 16, 2022
  • Christie E. Gibson

I am honoured and privileged to be serving as the chair of this section for the upcoming year. For those who don’t know me, I am a 2014 call, and a partner at Cassels in Toronto. Thank you to Joanna Wice (Ministry of Municipal Affairs and Housing) for her incredible leadership as chair last year. I have big shoes to fill!

Municipal Law, Student Forum

Is Bill 109 – More Homes for Everyone, 2022 – BANANA(s)?

  • May 10, 2022
  • Robert Miller and Grace O’Brien, Davies Howe LLP

On April 14, 2022, Bill 109, the More Homes for Everyone Act, 2022, received royal assent, just two weeks after it was introduced by the provincial government on March 30, 2022. Bill 109 proposed several amendments to existing legislation, including the Planning Act, the Development Charges Act, 1997, the City of Toronto Act, 2006, the New Home Construction Licensing Act, 2017 and the Ontario New Home Warranties Plan Act.

Municipal Law, Student Forum

Ontario Land Tribunal Cost Awards: Are Municipalities Exempt?

  • April 14, 2022
  • Meredith Baker, Turkstra Mazza Associates

Are municipalities free to conduct themselves as they see fit in proceedings before the Ontario Land Tribunal (OLT, formerly known as the Local Planning Appeal Tribunal and before that, the Ontario Municipal Board) without the threat of costs being awarded against them? In short, the answer is no. Municipalities are not exempt from cost awards. This article explains why.

Municipal Law, Student Forum

Expropriation Law: 2021 A Year In Review

  • April 14, 2022
  • John S. Doherty, Gowling WLG, Roberto Aburto, Gowling WLG, Sahil Shoor, Gowling WLG, Carolina Campos, Gowling WLG, Tristan Neill, Gowling WLG

Gowling WLG 's Expropriation Law Group summarizes several complex and compelling expropriation cases from across Canada in 2021. The team highlights a number of important issues and key takeaways for those parties involved in the expropriation process. The court decisions are not listed in rank order.

Municipal Law, Student Forum