Municipal Misrepresentations in the Zoning Process
August 6, 2021 By Mark Mikulasik A real estate developer cannot sue a municipality for its increased costs if the information supplied by the municipality about an easement abutting the property is incorrect. This is the result of the decision of the Ontario Court of Appeal in Charlesfort Developments Limited v. Ottawa (City) . The […]
Municipal Liability as Employer Under OHSA
July 14, 2021 By Brian Babcock Owners, constructors, employers, supervisors and workers all have different roles and responsibilities under the Ontario Occupational Health and Safety Act (OHSA). The more hats you wear, the more potential there is for liability. What might surprise some municipal leaders is the extent of a municipality’s exposure as an employer. […]
Building Permit Liability
May 17, 2021 By Brian Babcock Note: The Ontario Court of Appeal has since ruled on the case discussed in this article. Please see “Building Permit Liability Update” for an updated discussion. Municipalities may have hidden liability risks lurking in old building permit files. A Superior Court judge, in Breen v. Lake of Bays (Township), […]
Parks, the Public Interest and Pandemics
February 8, 2021 By Brian Babcock When did your municipality last review how its parks by-law serves the public interest? Covid-related concerns were not enough reason to disregard a municipal by-law regulating parks. In doing so, the decision highlights important factors applicable to public interest injunctions generally, in particular the use of expert evidence and how […]
What is Reasonable Care?
November 30, 2020 By Brian Babcock A failure to meet Building Code standards may result in a municipality being responsible for damages suffered by a user of municipally occupied facilities. Trying to introduce a new theory on appeal does not help. A municipality may be an occupier of property under the terms of the Occupiers’ Liability […]
Excitement About Easements
November 10, 2020 By Brian Babcock The power to expropriate does not change the test that applies when a municipality or other public authority claims that they have acquired a prescriptive easement (better known as title by adverse possession). Although the courts have been reluctant to recognize claims of adverse possession by private parties, they appear […]
Sweet Relief: Court Of Appeal Applies Relief From Forfeiture In Municipal Tax Sale Dispute
February 27, 2017 By Brian Babcock In a recent decision, Poplar Point First Nation Development Corporation v. Thunder Bay, the Ontario Court of Appeal clarified the law of “relief from forfeiture” and allowed a former property owner to recover surplus funds received by the City on a tax sale, even though the claimant had missed the one […]
Land Use Controls And “Grandfathering”: Public And Private Interest Clashes
[vc_row][vc_column][vc_column_text]March 27, 2012 “A person’s home is his (or her) castle” – implying that the King (or Queen) in that castle has supreme right to use the castle as he or she sees fit. So why even have zoning bylaws? Because for each saying, there seems to be another that creates an opposing force. In […]
Zoning: Protection Of Established Uses
March 13, 2006 By Brian Babcock Zoning bylaws restrict the use of land to specified uses. Bylaws are updated or revised over time. These revisions usually reflect changes in the neighbourhood. Industrial zones become gentrified. Rural areas become bedroom communities. In Ontario, a new bylaw or revisions to an existing bylaw must include protection for what […]