Taking Property Standards Seriously In Ontario
July 14, 2026 By Nick Melchiorre Municipalities typically enact property standards and yard standards bylaws as a tool to improve neighbourhoods, and to protect us from the faults of our neighbours. The enforcement of these bylaws is typically focussed on achieving compliance, rather than being punitive. However, sometimes it can turn contentious, which may lead […]
Challenging Municipal Decisions
June 2, 2026 By Mark Mikulasik Municipalities as administrative decision makers owe a duty of procedural fairness to those affected by their decisions. In Ontario, if somebody thinks that a decision does not meet that standard, they may apply to the Divisional Court for judicial review. The good news if you are a municipality, and […]
“What is a Building?” When Opinions Differ
April 7, 2026 By Nick Melchiorre You may know that a building permit is required in Ontario to erect a building. THE ISSUE As with most regulations, under the Building Code Act, there are many subtleties, which can be subject to interpretation. That interpretation often turns on the opinion of the Chief Building Official. This […]
Time Limits and Judicial Review
February 13, 2024 By Mark Mikulasik Beware the time limit to apply for judicial review of an administrative decision. The Judicial Review Procedures Act provides that “an application for judicial review shall be made no later than 30 days after the date the decision or matter for which judicial review is being sought was made […]
Appealing With Leave
January 18, 2024 By Mark Mikulasik An order of the Ontario Land Tribunal may be appealed to Divisional Court, on a question of law only, and only with leave of the court. THE ISSUES 2541005 Ontario Ltd. v. Oro-Medonte (Township), et al., looks at two important issues: When is it premature to seek leave? What […]
Adverse Possession and Municipal Lands
September 8, 2023 By Mark Mikulasik THE ISSUE Is adverse possession available to extinguish the title of a municipality in favour of someone who claims adverse possession? The answer, says the Ontario Court of Appeal, is “sometimes”. BACKGROUND First, almost all land in Ontario, and especially in Thunder Bay and Northwestern Ontario, is in the […]
Municipal Bylaws and Injunctions: a Brief Update
August 4, 2023 By Mark Mikulasik We have written before about the advantages that municipalities have in enforcing bylaws through injunctions. Superior Court judges have relaxed the test to grant an injunction in a number of cases, but they have not gone about it in exactly the same way. THE ISSUE The source for consistency […]
Bad Faith, Illegality And By-Laws
May 2, 2023 By Mark Mikulasik THE ISSUE You might think that a by-law which is passed with procedural illegalities would be routinely quashed in court. The law is not that simple. THE CASE In Larabie Estate v. Moonbeam (Township) the Ontario Court of Appeal upholds a Superior Court judgment dismissing an application to have […]
A Million Dollar Parking Ticket?
January 27, 2023 By Mark Mikulasik THE ISSUE No, not really a million-dollar parking ticket. Just a million dollar fine for civil contempt arising from a dispute about illegal parking. The hurt in your pocketbook would be just as painful. THE CASE In Caledon (Town) v. Darzi Holdings Ltd., the individual appellant’s construction company improperly […]
Pecuniary Interest and Patios
October 19, 2022 By Mark Mikulasik What community of interest allows a municipal councillor to participate in debate and voting on an issue in which they have interest? THE ISSUE We all expect councillors or members of local boards to act in good faith for the benefit of the community, not their own interests. Most […]