June 2017

Today
Today

New OLT Rules for Expropriation Matters

  • November 02, 2023
  • Katie Butler, Borden Ladner Gervais LLP

The Ontario Land Tribunal (OLT) has published new rules for proceedings under the Expropriations Act. Specifically, the OLT has revised Part II (Expropriation Proceedings) of the OLT’s Rules of Practice and Procedure (the Rules). The new Rules are in effect as of October 13, 2023.

Municipal Law, Student Forum

Closing Remarks from the Outgoing Chair

  • August 28, 2023
  • Christie Gibson, Chair, OBA Municipal Law Section Executive, 2022-2023

As we draw a close on the 2022-2023 term, I write to give you a highlight reel of the work done by your elected Executive over this past year.

Municipal Law, Student Forum

“From Plazas To Parkland” - Ontario’s Bill 23 and the Evolution of Privately Owned Public Spaces

  • June 23, 2023
  • Alexander J. Suriano, Aird & Berlis LLP

This article provides an overview of the Ontario Planning Act regime respecting privately owned public spaces ("POPS") and how they will be changed upon proclamation of the parkland sections of Bill 23. Although the full scope of the impact of these changes depends on forthcoming regulations, the author anticipates that they will take POPS from being a public realm issue and density bonusing tool to a legislatively-recognized substitute for publicly-owned parkland in Ontario municipalities.

Municipal Law, Student Forum

Site Alteration: Digging into Municipal Authority on Excess Soils

  • April 21, 2023
  • Matthew Lakatos-Hayward, Goodmans LLP

A summary of Ontario site alteration by-laws, including their breadth and their limitations. The discussion of the limits considers, in particular, the coming into force of Ontario's On-site and Excess Soil Management Regulation (O Reg 406/19).

Municipal Law, Student Forum

“Acting Reasonably” in Contracts involving Municipal Discretion

  • March 31, 2023
  • Kailey Sutton, Patrick Pinho, and Shaniel Lewis (student-at-law), McMillan LLP

An examination of what it means when a contract with a municipality references acting reasonably, and how that can be balanced with municipal discretion, given the obligations and duties of municipalities.

Municipal Law, Student Forum

Challenging Restrictive Municipal Cannabis Regulation: Whose Jurisdiction is it anyway?

  • March 31, 2023
  • Michael Polowin and Kelly Duquette, Gowling WLG

The article examines cannabis regulation in Ontario from a federal, provincial and municipal perspective. The authors offer an interpretation of cases on point and limitations on municipal cannabis regulation powers (such as cultivation, production, and retail). This article may be of interest to legal representatives of municipalities and cannabis operators.

Municipal Law, Student Forum

Ontario’s Ombudsman Just Called … What’s Next?

  • February 21, 2023
  • David J. Potts, city solicitor, City of Peterborough

The Ontario Ombudsman’s jurisdiction has included municipalities since 2016. In the intervening years, municipalities have been adjusting to the expanded oversight role of the Ombudsman. This article summarizes key issues for municipalities to consider regarding the Ombudsman, including its jurisdiction and the consideration of guidelines for staff.

Municipal Law, Student Forum

Case Review – The Impact of International Free Trade Agreements on Municipal Procurement

  • February 21, 2023
  • Melanie Benedict, student-at-law, Legal Services, Legislative & Planning Services, Halton Region

In the appealed decision of Thales DIS Canada Inc v Ontario, the Ontario Superior Court of Justice held that provincial procurement processes must conform to Canada’s obligations pursuant to international free trade agreements, such as CETA, in order to be considered reasonable. The factors contributing to reasonable procurement decisions are relevant to municipalities, who may wish to watch for the Court of Appeal’s findings on that question and any finding on bid dispute mechanisms.

Municipal Law, Student Forum

OLT Clarifies When an Application is “Made”, “Received” and “Complete”: Burlington 2020 Lakeshore Inc. v Burlington (City)

  • January 30, 2023
  • Rachel McVean, solicitor, Legal Services Division, Corporate Services Department, City of Hamilton

When is an application made? In this Burlington case, the OLT held that it was not "made" until all materials required by the City were filed. Before then, the application was "neither complete, made, nor received." The Tribunal considered Planning Act s. 22.1, which references receipt of materials required by ss. 22(4) and (5). This decision may be of assistance in calculating the new application fee refund periods (ss. 34(11) and s. 41(12)).

Municipal Law, Student Forum