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Articles 2018-05-07T09:09:42+00:00

We will be adding relevant articles, opinions  and memoranda to this page on an ongoing basis. Please check back often or feel free to contact us at any time if there is a specific area you are interested in.

THE NEW OMB ACT – BILL 139

Authors: Gordon E. Petch & Zaid A. Sayeed
Date: August 2017

The Ontario Government tabled Bill 139, titled “Building Better Communities and Conserving Watersheds Act” for first reading on May 30, 2017. The Bill contains several pieces of new legislation all allegedly for “Building Better Communities”. Historically, this objective has been recognized as requiring transparency in the planning decision process, the encouragement of all affected stakeholders to speak out and become involved, and an impartial appeal process to fairly listen to all sides and render a responsible . . . more

THE LEGALITY OF CREDIT VALLEY POLICY MANUAL PROHIBITION POLICIES ON DEVELOPMENT AND TWO-ZONE CONCEPT DEVELOPMENT PERMISSIONS IN MISSISSAUGA

Author: Gordon E. Petch
Date: March 2012

This memorandum is intended to address the legality of Policy 7.5 g)i contained within the Credit Valley Conservation Authority Policy Manual dated April 2010. This policy specifically prohibits filling in the “flood fringe” area in a Two – Zone Concept if such is needed to meet the maximum permitted flood depth of 0.8 m or specified flood velocity levels. The problematic policy reads as follows . . . more

LEGALITY OF MTO POLICIES AND GUIDELINES

Author: Gordon E. Petch
Date: March 2012

The purpose of the Memorandum is to consider the legality of MTO’s response to circulation of Planning Act applications, such as a rezoning application, requiring, for example a 24 metres acquisition for widening of the QEW and a further 14 metre building setback from MTO lands, presumably as a condition for their issuance of a land use permit pursuant to the Public Transportation and Highways Improvement Act R.S.O.1990, c.P.50 (“PTHIA”) and as a condition of the municipality approving the rezoning application . . . more

HOW WE CAN FIX ONTARIO’S CRUMBLING SCHOOLS

AUTHOR: Gordon E. Petch
DATE: March 2012

Of all the duties that educational leaders and policy-makers have, ensuring that schools are safe is arguably the most important. But it looks like that is not happening in our city. Documents from the provincial government state that 56 per cent of schools in the Toronto District School Board are in “critical” or “poor” condition. And sometimes the consequences are dire. As reported by CTV news, a 6-year-old girl went to the bathroom at her Toronto school only to have the stall door collapse on her head . . . more

THE FAILED PROVINCIAL FINANCIAL LEGISLATIVE SCHEME FOR THE TORONTO DISTRICT SCHOOL BOARD, IN PARTICULAR, AND ALL OTHER PROVINCIALLY FUNDED SCHOOL BOARDS

AUTHOR: Gordon E. Petch
DATE: July 2015

TDSB is Canada’s largest and most diverse school board serving more than 230,000 elementary and high school students and a further 160,000 continuing education students in almost 600 schools with approximately 40,000 teachers. More than 75 languages are spoken in the homes of TDSB students. To meet these challenges it is held back with many of its school buildings. . . more

ONUS ON MUNICIPALITY TO JUSTIFY DEVELOPMENT CHARGES

AUTHOR: Zaid A. Sayeed
DATE: April 2010

The Development Charges Act, 1997 (“the Act”),1 as amended, authorizes municipal authorities, by By-law (a “By-law”), to impose development charges against land “to pay for increased capital costs required because of increased needs for services arising from development”2. The Act does not require a particular methodology to be followed by a municipality in its calculation of a charge, but in section 5(1) sets out ground rules that must be followed when calculating a development charge.3 Section 5(1) requires a variety of estimates to. . . more

CURIAL DEFERENCE AND THE ONTARIO MUNICIPAL BOARD

AUTHOR: Gordon E. Petch
DATE: October 2009

For counsel appearing before the Divisional Court and the Court of Appeal attempting to overturn the decisions of administrative tribunals, such as the Ontario Municipal Board (“OMB” or “Board”) the long established legal principle of “Curial Deference” poses a significant hurdle. Deference by the courts to administrative decisions is founded on the concept that the administrative tribunal has special expertise that the courts do not possess. Often, the legislation creating the tribunal will contain a “privative clause” attempting to prevent appeals of. . . more

THE INTRUDING RIGHT OF WAY

AUTHOR: Gordon E. Petch
DATE: August 2011

These interesting sets of facts are particularly relevant to developers wanting to develop lands which are subject to a private right of way to an existing residence in the middle of the proposed subdivision. The owner of the right of way and existing home, whom we will refer to as “W” is willing to sell his lands to the developer, but only at a grossly inflated price. The developer “M” is concerned that it may have to accede to the excessive demand in order to register the plan of subdivision and have the municipality assume public streets.. . . more

TRIBUNALS, COURTS AND THE HANDLING OF FRESH EVIDENCE

AUTHOR: Gordon E. Petch
DATE: April 2010

In 1091402 Ontario Limited v. The County of Simcoe and the Township of Oro-Medonte (Orsi) a developer applied to the Ontario Municipal Board (OMB) for amendments to the County and Township official plans of Simcoe and Oro-Medonte respectively. Both parties led evidence concerning a study that was pending very shortly (the Inter-Governmental Action Plan or IGAP), but was not yet available at the hearing. The study would have important implications for the settlement and growth strategies of the official plans. . . more