Dec 2 2014

Ontario to Permit Mid-Rise Wood Frame Buildings up to 6 Storeys as of January 1, 2015

By David Sunday 2014/12/02

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Through amendments to the Building Code introduced by Ontario Regulation 191/14, Ontario will increase the permissible height of wood frame buildings from the current 4 storeys to 6 storeys effective January 1, 2015.

While these changes have received broad support from the home construction industry, certain industry […] Continue Reading…

Nov 20 2014

Municipal Bonusing: “Obvious undue advantage” remains the threshold, but still little judicial guidance on how municipalities should draw the line

By David Sunday 2014/11/20

Section 106 of the Ontario Municipal Act, 2001 is a much worried about “anti-bonusing” provision of broad application. It is worrisome because its limits and applications are far from clear. By its terms, the provision purports to create an unqualified prohibition on municipalities directly or indirectly assisting […] Continue Reading…

Oct 14 2014

Procurement Best Practices: Legally Defensible Strategies For Handling Shoddy Suppliers

by Michael Letourneau 2014/10/14

Municipalities deal with large numbers of suppliers and contractors. While most of them are reliable and provide good value-for-money, inevitably, there are some who do shoddy work or provide substandard supplies. When this happens, the usual responses are to discuss the problem in the hope that […] Continue Reading…

Jul 29 2014

Managing Litigation Risk in Public Construction Projects

by Art Linton 2014/07/29

The Supreme Court of Canada recently clarified the law of injurious affection where no land is taken in its decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13. Unfortunately, the compound test set out by the Court has left many public sector professionals feeling […] Continue Reading…

May 9 2014

Recovering No-Fault Clean Up Costs Post Kawartha Lakes

by Lynn Dramnitzki 2014/05/09

A recent decision of the Ontario Court of Appeal, Kawartha Lakes (City) v. Ontario (Environment), 201 3 ONCA 31 0, may result in significant  unanticipated expenses for municipalities that are ordered to clean up and remediate municipal lands contaminated through no fault of their own. This […] Continue Reading…

Apr 11 2014

Mitigating Litigation Risk in New Municipal Revenue Streams

by David Sunday and Lynn Dramnitzki 2014/04/11

Municipalities are finding it increasingly difficult to fund the growing cost of local services and other municipal operations. Financial support from higher levels of government is limited, while increases in property taxes often face stiff resistance from the electorate. While certain municipalities have […] Continue Reading…

Mar 1 2014

Land Acquisitions: Three Unique Ontario Land Use Controls to Consider

by David Sunday 2014/03/01

Real estate developers in Canada and the United States will all be familiar with the due diligence issues that are common to most jurisdictions during the development land acquisition phase, such as the need to confirm zoning permissions and market feasibility. However, each Province and State […] Continue Reading…

Feb 20 2014

Ontario’s Draft PPS Policies and the Greening of Provincial Policy

by David Sunday 2014/02/20

As part of its consultations on the development of a new Provincial Policy Statement (“PPS”), Ontario’s Ministry of Municipal Affairs and Housing recently made available draft PPS policies (http://www.mah.gov.on.ca/Page9990.aspx) and invited stakeholder comments

(http://www.mah.gov.on.ca/Page10054.aspx).

The PPS is intended to provide “policy direction on matters of provincial interest related […] Continue Reading…