Articles

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.

On Jan. 1, 2022 amendments to the Ontario Planning Act were proclaimed. As a result of these amendments, a good number of unfortunate traps have been done away with. This article summarizes those amendments.

On February 3, 2022, Toronto City Council enacted and passed By-law 89-2022 (the “Amendment”), being an amendment to Zoning By-law 569-2013 to update parking standards across the City. Amongst other things, the Amendment introduces new electric vehicle (or “EV”) standards, removes most minimum parking requirements for new developments (except accessible parking standards) and introduces new maximum parking standards.

Earlier this month the City of Toronto (City) adopted Official Plan Amendment No. 524 (OPA 524) delineating 16 Protected Major Transit Station Areas (PMTSAs) within Toronto’s downtown. This article addresses this.

Two recent provincial developments aimed at addressing Ontario’s growing “housing crisis” may have a significant impact on land-use planning and development in Ontario in the coming years.

Provincial and municipal planning policy can overlap with or complement the federal aeronautics regulatory regime. Drones are particularly vulnerable to this overlap due to their relative proximity to the public realm. Drone industry stakeholders need to be cognizant of appropriate land use planning policy.

On November 9, 2021 the City of Toronto approved Official Plan and Zoning Bylaw amendments as well as draft Implementation Guidelines introducing Inclusionary Zoning requirements. These requirements will make Inclusionary Zoning mandatory for new developments that meet certain criteria in approved Protected Major Transit Stations Areas (PMTSA) to include affordable rental and ownership housing units beginning in late 2022.

2021 has been an interesting year with respect to municipal liability and the law of negligence. In October, the Supreme Court of Canada released its decision in Nelson (City) v. Marchi, 2021 SCC 41, while in June the Ontario Court of Appeal released its decision in Charlesfort Developments Limited v. Ottawa (City), 2021 ONCA 410.

This article explores two instances where noise by-laws were quashed on the grounds of vagueness and uncertainty: 1) noise by-laws that import a subjective standard to determine a noise violation, and 2) noise by-laws that fail to provide any standards, criteria, or guidelines to determine whether or not a person is entitled to an exemption from the noise by-law. It also provides recommendations.

Overview of the Ontario Land Tribunal.