Divisional Court Rules Ontario Municipal Board Cannot Set Overall Parkland Dedication Caps
The Ontario Divisional Court recently weighed in on the authority of the Ontario Municipal Board to set parkland dedication rates. Nordheimer, J. was critical of a January 15, 2015 Board decision that approved a 25%
Development Charges Cannot Result in Subsidy or be Collected for Conservation Authorities
In 2012 Halton Region passed a Development Charge By-law that reduced the number of classifications for residential units. Specifically, the By-law eliminated the distinctions between different sizes of apartments and multiple dwellings. According to the
Court Grapples with Anti-SLAPP Legislation
New legislation intended to curb Strategic Lawsuits Against Public Participation (SLAPPs) was recently put to the test in a decision on a motion allowing a developer to continue its breach of contract case following an
Possible Changes Coming to Affordable Housing Policy in Ontario
On May 18, 2016, the Minister of Municipal Affairs and Housing introduced Bill 204 (Promoting Affordable Housing Act, 2016). The Bill is intended to enable municipalities to use inclusionary zoning. Inclusionary zoning requires development proposals
Province Releases Proposed Provincial Plans
On May 10, 2016 the province unveiled proposed versions of the four major provincial plans (details at the link here). A co-ordinated review of the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan,
Real Estate Professionals Speak to the Future of Toronto
Earlier this week DHP sponsored BuzzBuzzHome’s symposium on the future of Toronto. The event was full of an excited group of tech savvy real estate professionals. The crowd was told that while mixed use
The Development Permit System: When Can Your Client Appeal?
The Development Permit System (“DPS”) is a planning tool intended to streamline, expedite and provide flexibility in the planning approval process. Under the DPS, zoning, minor variance and site plan approvals are combined into a
Ontario re-introduces anti-SLAPP legislation
On December 1, 2014, Ontario once again tabled legislation targeting litigation brought for the purpose of stifling debate on matters of public interest, known as Strategic Litigation against Public Participation (“SLAPP”). A SLAPP lawsuit typically
Court of Appeal Reinforces Law on Interfering with a Right-of-Way
It has long been clear that a landowner who grants a right-of-way over his land does not give up the right do what he wants with that land, as long as the use does not
Pickering council gives green light to Durham Live
On Sept 15th Pickering Council voted 4-3 to endorse Durham Live, a proposal made by Pickering Developments Inc. Durham Live is a proposal to re-zone vacant land in the Bayly and Church Streets area to