Articles 2019

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?

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.

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.

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.

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.

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).

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.

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.

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.

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.