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John Mascarin

Partner* Admitted to the Ontario Bar: 1989
*Practising as a professional corporation

John is widely regarded as a leader in municipal, planning and local government law. He is a prolific author, editor and speaker, and is often called upon by the media to comment on current issues. His vast experience and depth of knowledge enables him to solve municipal law and governance issues, while strategically identifying impending challenges. John represents his clients with vigour, integrity and passion.

John is a member of the Municipal and Land Use Planning Group. He practises in the areas of local government and municipal law, development, land use and planning law, and building and construction regulation. John provides advice, counsel and representation to both private and public sector clients on all matters relating to municipal law as well as land use planning and development matters, including development charges, building regulatory matters and various contractual arrangements.

He also appears regularly before municipal councils, committees, public authorities and boards, administrative tribunals (particularly the Ontario Municipal Board) and the Ontario Courts. An acknowledged expert on the Municipal Act, 2001 and on matters pertaining to municipal powers, authorities and jurisdiction, clients often seek out John for his opinions, advisement and representation and comments with respect to municipal law.

John is an Adjunct Professor at Osgoode Hall Law School where he teaches courses in both the JD & LLM programs. John serves as Integrity Commissioner for several Ontario municipalities.

Awards & Recognition

  • Certified Specialist in Municipal Law: Local Government and Land Use Planning and Development by the Law Society of Upper Canada.
  • Recognized in The Best Lawyers in Canada in the fields of Municipal Law and Real Estate Law and named the Best Lawyers' 2016 Municipal Law “Lawyer of the Year” for Toronto.
  • Appears in The Canadian Legal Lexpert Directory as a leading practitioner in the area of Property Development.
  • IMLA President's Award for Most Outstanding Associate Member (2011) Lifetime Honourary Membership – Canadian Association of Certified Planning Technicians (2009).

Professional Involvement

Professional Activities

  • Books
    A Comprehensive Guide to the City of Toronto Act (with Leo Longo)
    Annotated Ontario Building Code Act (with Jeffrey Levitt)
    Annotated Land Development Agreements (with Paul De Francesca)
    Ontario Municipal Act and Commentary (with Christopher Williams)
    Annotated Municipal Act (2nd Edition) (with Stephen Auerback)
  • Editorial
    Editor-in-Chief, Municipal & Planning Law Report (1995-present)
    Editor-in-Chief, The Digest of Municipal & Planning Law (1990-present)
    Co-Editor-in-Chief, Real Property Reports (1992-present)
    Former Editor, Digest of Real Property Law (1991-1993)
  • Contributor
    Halsbury's Laws of Canada – Municipal 
    Ontario Planning Act and Commentary 
    Ontario Land Development: Legislation and Practice
    Canadian Commercial Real Estate Manual 
    Practice and Procedure Before Administrative Tribunals
    Canadian Abridgment (Municipal Law Real Property Titles)
  • John's numerous articles, commentaries and papers have been extensively published and he is a frequent speaker at professional, industry and continuing legal education conferences.

Memberships

  •  Canadian/Ontario Bar Association (Past Chair, Municipal Law Section)
  • Canadian Association of Certified Planning Technicians
  • International Municipal Lawyers Association (Associate Member)

Teaching Engagements

  • Adjunct Professor (2008-2017) – “Land Use Planning Law”
    York University – Faculty of Environmental Studies – MES Program
    Osgoode Hall Law School – JD Program
  • Adjunct Professor (2014, 2016 and 2017) – “Municipal Law”
    Osgoode Hall Law School – JD Program
  • Guest Lecturer (2008-2016) – “Securing Public Benefits from Urban Development”
    Ryerson University – School of Urban & Regional Planning – MES Program
  • Course Director (2006, 2011 and 2015) – “Municipalities in a Legal & Policy Context”
    Osgoode Hall Law School – LLM Program
  • Guest Lecturer (2015) – “Land Use Planning Law”
    University of Windsor, Faculty of Law – JD Program
  • Course Director (2012) – “Ethics and Municipalities”
    Osgoode Hall Law School – LLM in Municipal Law
  • Course Director (2010) – “Land Use Regulations & Property Development”
    Osgoode Hall Law School – LLM in Real Property Law
  • Guest Lecturer (2007-2008) – “Land Development”
    Schulich School of Business – MBA Program
  • Guest Lecturer (2005 and 2007) – “Land Use Planning Law”
    York University – Faculty of Environmental Studies – MES Program

Selected Speaking Engagements

CONFERENCES, PRESENTATIONS AND PAPERS

“Annual Municipal Case Law Update”
Ontario Bar Association – February 16, 2010
OBA Annual Institute – Current Municipal & Planning Law Issues

“Are We There Yet? – Ontario's Journey Through Municipal Legislative Reform”
71st Annual International Municipal Lawyers Association Conference – September 17-20, 2006

“Bill 8: Someone to Watch Over Me”
Ontario Good Roads Association/Rural Ontario Municipal Association – February 23, 2016
2016 OGRA/ROMA Combined Conference

“Bill 8 – What it Means for Your Municipality”
Ontario Association of County Clerks, Treasurers and Administrators – May 8, 2015
OACCTA Conference 2015

“Bill 8 Or: How Municipalities Learned to Stop Worrying About Oversight and Love the Ombudsman”
Law Society of Upper Canada – May 28, 2015
The Six-Minute Municipal Lawyer 2015

“Bill 130 – Talkin' Bout a Revolution”
Association of Municipal Clerks and Treasurers of Ontario – June 12, 2007
AMCTO 69th Annual Conference

“Blurred Lines – Issues of Compliance”
Ontario Building Officials Association – October 9, 2013
OBOA 2013 Annual Meeting & Training Sessions

“Building & Construction Law Update”
Harvest the Knowledge – October 8, 2008
Ontario Building Officials Association 2008 Annual Meeting and Training Session

“Building Inspectors and the Duty & Standard of Care”
Toronto & Area Building Inspectors Subcommittee Seminar – September 12, 2007

“Building Permit Decisions – What, Who, When, and How to Appeal”
The Law Society of Upper Canada – November 24, 2015
The Six-Minute Real Estate Lawyer 2015

“Can the Conduct of Council Members be Regulated?”
Ontario Association of County Clerks, Treasurers and Administrators – October 17, 2014
OACCTA Conference 2014

“Cases You Really Ought to Know”
Ontario Building Officials Association – October 5, 2011
Ontario Building Officials Association 2011 Annual Meeting and Training Sessions

“Changes to the Building Code Act (Bill 124)”
Law Society of Upper Canada – February 5, 2003
The Six-Minute Municipal Lawyer 2003

“Conditional Zoning”
Law Society of Upper Canada – November 6, 2008
The Six-Minute Real Estate Lawyer 2008

“Conflicts, Chaos, Clarity & Confusion in Magder v. Ford”
International Municipal Lawyers Association – May 23, 2013
IMLA in Canada 2013

“Councillors Behaving Badly”
Ontario Municipal Administrators' Association – April 25, 2014
OMAA Spring Workshop 2014

“Defamation in the Municipal Context”
Law Society of Upper Canada – May 18, 2011
The Six-Minute Municipal Lawyer 2011

“Development Charges, Credits and Local Services”
Ontario Bar Association – Municipal Law Section – April 23, 2003

“Development Charge Credits: Dealing with Transition”
Canadian Bar Association – Ontario – Institute 2000 Conference – January 28, 2000
It's All About Money Land Development and the Dollar

“Development Charges Made Easy – What Are They and Why Should a Real Estate Lawyer Care?”
Law Society of Upper Canada – April 24, 2014
11th Annual Real Estate Law Summit

“Diamonds & Zircons – Mining the Municipal Landscape”
Ontario Small Urban Municipalities – May 3, 2013
60th Annual OSUM Conference & Trade Show

“Don't Stop Complying”
Ontario Building Officials Association – September 12, 2012
OBOA 2012 Annual Meeting & Training Sessions

“Duty & Standard of Care under the Building Code” and “Recent Case Law Update”
MACIC Code Interpretation Subcommittee Conference – December 10, 2008

“Emerging Development in Municipal Case Law”
Ontario Bar Association - February 10, 2017
2017 OBA Conference

“Extending the Ontario Ombudsman's Oversight Powers – What it Means for Municipalities”
Ontario Small Urban Municipalities – May 1, 2015
OSUM Conference and Trade Show – Building Better Communities

“Financing Public Infrastructure Development and Renewal”
The Canadian Institute – February 8, 2006
12th Annual Provincial/Municipal Government Liability Conference

“Five Things You Need to Know About Site Plan Control Agreements”
Law Society of Upper Canada – November 18, 2014
The Six-Minute Real Estate Lawyer 2014

“I Knew You Were Trouble”
Ontario Building Officials Association – October 7, 2015
OBOA 2015 Annual Meeting & Training Sessions

“Interpreting General Grants of Municipal Powers”
Law Society of Upper Canada – March 3, 2005
The Six-Minute Municipal Lawyer 2005

“Interpreting Municipal Legislative Powers – Expanding the Scope Once Again”
70th Annual International Municipal Lawyers Association Conference – September 25-28, 2005

“Jurisprudence of Note”
Ontario Building Officials Association – October 6, 2010
OBOA 2010 Annual Meeting and Training Sessions

“Legal Non-Conforming Use Protection”
Law Society of Upper Canada – November 13, 2013
The Six-Minute Real Estate Lawyer 2013

“Legal Update”
Ontario Municipal Administrators' Association – October 28, 2011
Ontario Municipal Administrators Association 2011 Fall Workshop

“Minor Variances 101 – The Four Tests, Agreements & Local Appeal Bodies”
Law Society of Upper Canada – November 23, 2010
The Six-Minute Real Estate Lawyer 2010

“Modernizing Municipal Accountability: The Bill 68 Amendments”
The Law Society of Upper Canada – May 18, 2017
The Six-Minute Municipal Lawyer 2017

“Municipal Accountability Via Provincial Oversight”
Ministry of Municipal Affairs and Housing – November 19, 2015
CAOs Forum in London

“Municipal By-laws & the Courts”
Association of Municipal Clerks and Treasurers of Ontario – June 12, 2006
AMCTO 68th Annual Conference

“Municipal Case Law Round-Up”
Ontario Bar Association Institute – February 3, 2009
A Primer on Current Municipal & Planning Law Issues

“Municipal Case Law Update”
Ontario Bar Association's Institute Municipal and Planning Law – February 5, 2016
Changing Landscapes in Municipal and Planning Law v. 2.0

“Municipal Cases You Should Have Read But Probably Didn't”
Ontario Bar Association – February 5, 2008
Navigating a Rapidly Changing Municipal & Planning Law Landscape

“Municipal Conflicts of Interest – The Basics”
Ontario Bar Association – April 22, 2014
Municipal Conflicts of Interest Update

“Municipal Dispositions”
Law Society of Upper Canada – November 21, 2012
The Six-Minute Real Estate Lawyer 2012

“Municipal Law Judgments Not to be Overlooked”
Ontario Bar Association – February 4, 2011
OBA Annual Institute – Hot Topics in Municipal & Planning Law – What Have You Been Missing?

“Municipalities in a Time of Change: New Accountabilities and Challenges”
OGRA/ROMA – February 23-24, 2016
2016 OGRA/ROMA Combined Conference

“Navigating the Municipal Case Law Landscape”
Ontario Bar Association – February 7, 2014
OBA Annual Institute 2014 – Municipal and Planning Law

“New Objectives – Case Law Update”
Ontario Building Officials Association – September 26, 2007
OBOA 2007 Annual Meeting and Training Sessions

“One Less Problem Without You”
Ontario Building Officials Association – October 1, 2014
OBOA 2014 Annual Meeting & Training Sessions

“Ontario's New Building Code Legislation”
Ontario Bar Association – June 14, 2005
What's New in Municipal & Planning Law (or, Is There Anything That's Not New?)

“Preparing for the Public Sector and MPP Accountability and Transparency Act”
November 19, 2015
2015 Chief Administrative Officers' Forum

“Regulating Councillor Conduct”
Ontario Small Urban Municipalities – May 2, 2014
61st Annual OSUM Conference & Trade Show – “Conference at the Cottage”

“Regulating the Conduct of Council Members”
Law Society of Upper Canada – May 13, 2014
The Six-Minute Municipal Lawyer 2014

“Restraining By-law Contraventions – The Ontario Taxpayer's Self-Help Remedies”
International Municipal Lawyers Association – September 12, 2011
IMLA 68th Annual Conference

“Selling, Purchasing or Leasing to a Municipality – What You Need to Know”
Law Society of Upper Canada – November 17, 2004
The Six-Minute Real Estate Lawyer 2004

“Six Features that Distinguish the City of Toronto Act, 2006 from the Municipal Act, 2001
Law Society of Upper Canada – March 5, 2008
The Six-Minute Municipal Lawyer 2008

“Ten Things Every Planning Technician Should Know”
Canadian Association of Certified Planning Technicians – October 20, 2006
2007 Annual General Meeting

“Ten Things You Should Know About Site Plan Control Agreements” and “A Couple of Things You Should Know About Conditional Building Permit Agreements”
Ontario Bar Association Joint Real Property/Municipal Law Sections – February 25, 2004
Drafting Agreements Everything You Wanted to Know, But Were Afraid to Ask

“The All-Things-Municipal Case Law Update 2013” Ontario Bar Association – February 8, 2013
OBA Annual Institute Municipal Law Part II

“The Building Code Act, 1992 – Recent Changes & Cases”
Law Society of Upper Canada – May 12, 2010
The Six-Minute Municipal Lawyer 2010

“The Discretionary Enforcement Principle and Private Enforcement of Municipal By-laws”
Municipal Law Departments Association of Ontario – September 29-30, 2011
MLDAO 2011 Fall Conference

“The Municipal Case Law Landscape – Has it Changed?”
Ontario Bar Association – February 5, 2015
OBA Annual Institute 2015 – Municipal Law

“The Municipal Conflict of Interest Act – Is Everyone Sufficiently Confused?”
Law Society of Upper Canada – May 14, 2013
The Six-Minute Municipal Lawyer 2013

“The Music of the Spheres”
Joint LSUC/Ontario Bar Association Program – November 22, 2002
Making Over the Body Politic: A Practical Guide to the Municipal Act, 2001

“The Voice of Municipalities within Federal and Provincial Legislative Powers”
Rural Ontario Municipal Association – January 30, 2017
2017 ROMA Conference

“The Who, What, Where, When, Why & How of Development Charges for Real Estate Lawyers”
Law Society of Upper Canada – November 22, 2011
The Six-Minute Real Estate Lawyer 2011

“The Why, What, Where, When, Who and How of Building Permit Appeals”
Law Society of Upper Canada – November 24, 2015
The Six-Minute Real Estate Lawyer 2015

“Too Cool for School – Municipal Cases That Rule”
Ontario Bar Association – February 16, 2012
OBA Annual Institute – Cool Topics in Municipal and Planning Law  Part I and Part II

“Too Cool for School – Municipal Cases that Rule”
Ontario Bar Association – February 10, 2012
OBA Annual Institute – Cool Hot Topics in Municipal & Planning Law

“Top 10 Current Issues Municipal Leaders Need to Understand”
Ontario Small Urban Municipalities – May 4, 2012
59th Annual OSUM Conference & Trade Show

“What the Courts Are Telling Municipalities”
2005 Annual Municipal Law Departments Association of Ontario Conference – October 19-21, 2005

“What This Really Means is...”
Ontario Municipal Administrators' Association – April 2012
OMAA 2012 Spring Workshop

“What's New with the Building Code Act, 1992”
Law Society of Upper Canada – May 11, 2009
The Six-Minute Municipal Lawyer 2009

CHAIR

2nd Annual Municipal Government Liability and Litigation Conference
Osgoode Hall Professional Development Program – February 12-13, 2008

A Primer on Municipalities and Constitutional Law
Ontario Bar Association – Municipal Law Program – April 6, 2011

A Primer on Current Municipal & Planning Law Issues
Ontario Bar Association Institute – February 3, 2009

Drafting Agreements II: Everything You Still Wanted to Know, But Were Afraid To Ask
OBA Municipal Law/Real Property Program – October 30, 2012

IMLA in Canada 2013
International Municipal Lawyers Association – May 23, 2013

IMLA in Canada 2014
International Municipal Lawyers Association – May 29, 2014

IMLA in Canada! Trends and Foes: Managing Change and Risk in Municipal Law
International Municipal Lawyers Association Conference – May 15, 2008

IMLA Comes to Canada
International Municipal Lawyers Association – June 10, 2010

Minor Variances – Post-DeGasperis
OBA Municipal Law Section Meeting – October 29, 2007

Municipal Conflicts of Interest Update
Ontario Bar Association – April 22, 2014

Navigating a Rapidly Changing Municipal and Planning Law Landscape
OBA 2008 Institute Municipal Law Program – February 5, 2008

Show Me the Money: Financing Urban Development
Ontario Bar Association – October 20, 2004

The Building Code: Issues in PracticeOBA Construction Law/Municipal Law Program – October 2, 2008

What's New in Municipal & Planning Law (or, Is There Anything That's Not New?)
Ontario Bar Association – June 14, 2005

PANELLIST

The Planner at the O.M.B.
Ontario Professional Planners Institute – April 28, 2001 and April 4, 2003

The Power to Plan: Reforming the City of Toronto Act
Global Cities Program – University of Toronto – February 2 , 2005

What Are the Limits of Municipal Powers?
LSUC's Advanced Roundtable in Municipal Law – May 27, 2007

Selected Publications

ACCOUNTABILITY & ETHICS

“Challenging Closed-Meeting Investigations” 7 Digest of Municipal & Planning Law (2d) (May 2016), No. 17, pp. 1-4.

“Modernizing Ontario’s Municipal Accountability Regime” 8 Digest of Municipal & Planning Law (2d) (July 2017) No. 7, pp. 1-20.

“Municipal Codes of Conduct, Integrity Commissioners and the Investigative Process” 7 Digest of Municipal & Planning Law (2d) (November 2016) No. 23, pp. 1-9.

BUILDING LEGISLATION

“A Chief Building Official's Entitlement to Consult” in 16 Digest of Municipal & Planning Law (April 2008), pp. 2-4.

“Advanced Funding for Constitutional Challenge to the BCA” in 107 Ontario Building Association Journal, (September 2015), pp. 6-7.

“Building Code Offences and the Limitation Period” in 74 Ontario Building Officials Association Journal (June 2007), pp. 4-5.

“Changes to the Building Code Act (Bill 124)” in The Six-Minute Municipal Lawyer (Law Society of Upper Canada – February 5, 2003).

 “Enforcing the Building Code Act and Protecting Private Property Rights – A Delicate Balance” in 109 Ontario Building Association Journal, (March 2016), pp. 6-9.

“Ontario's New Building Code Act” in 22 Construction Law Letter (September/October 2005), No. 1, pp. 3-6.

“Ontario's New Building Code Legislation” in What's New in Municipal & Planning Law (or, Is There Anything That's Not New?) (Ontario Bar Association – June 14, 2005).

“Property Standards, Building Code Compliance and Pre-Existing Buildings” in 68 Ontario Building Officials Association Journal (December 2005), pp. 19-21.

“When Two Become One – Interconnected Structures and Unsafe Building Orders” in 102 Ontario Building Officials Association Journal, (June 2014), pp. 6-9.

BUILDING PERMITS

“Broad Entry and Inspection Powers Upheld” in 94 Ontario Building Officials Association Journal (June 2012), pp. 4-10.

“Access to Building Permit Plans, Drawings and Information” in 90 Ontario Building Officials Association Journal (June 2011), pp. 5-9.

“Access to Building Permit Applications, Plans and Drawings: An Unreasonable Invasion of Personal Privacy?” in 4 Digest of Municipal & Planning Law (2d) (July 2011), pp. 1-4.

“Building Permit Issuance and Compliance with 'Other Applicable Law'” in 18 Municipal & Planning Law Reports (2d), pp. 86-99.

“Building Permit Issuance: The Chief Building Official's Duty to be Independent and Impartial” in 64 Ontario Building Officials Association Journal (March 2005), pp. 27-31.

“Building Permit Issues Before the Ontario Courts” in 45 Municipal Lawyer (May/June 2004), pp. 28, 37.

“Challenging Building Permit Issuance and Refusal-Standing to Appeal and to Intervene” in 12 Municipal & Planning Law Reports (2d), pp. 106-112.

“Development Charges & Building Permit Issuance” in 82 Ontario Building Officials Association Journal (June 2009), pp. 4-6.

“Establishing 'Established Grade' – Applying the Modern Principle of Interpretation” in 72 Ontario Building Officials Association Journal (December 2006), pp. 6-8.

“Heritage Easement Agreements and Applicable Law” in 4 Digest of Municipal & Planning Law (September 1998), pp. 269, 290-292.

“In the Absence of Site Plan Approval – Building Permits and Other Applicable Law” in 11 Municipal & Planning Law Reports (2d), pp. 51-57.

“Jumping the Gun – Additional Permit Fees Judicially Sanctioned” in 87 Ontario Building Officials Association Journal (September 2010), pp. 5-8.

“Negligence and the Standard of Care of Building Officials in Providing Advice to Residents” in 99 Ontario Building Officials Association Journal, (September 2013) pp. 4-6.

“Refusing to Issue Building Permits for Non-Compliance with 'Other Applicable Law': Part I – Site Plan Approval” in 2 Digest of Municipal & Planning Law (May 1993), pp. 69, 86 87 and “Part II – Interim Control By-laws” in 2 Digest of Municipal & Planning Law (June 1993), pp. 90, 108-110.

“Seeking a Revised Building Permit? – Don't Ignore Orders and Requests for Information” in 78 Ontario Building Officials Journal (June 2008), pp. 4-6.

“Site Plan Approval & Applicable Law: Challenging Decisions Before the Ontario Municipal Board Rather than the Courts” in 104 Ontario Building Association Journal, (December 2014), pp. 6-8.

“Site Plan Control Agreements and Applicable Law” in 1 Digest of Municipal & Planning Law (2d) (February 2004), pp. 245, 258-261.

“Who Really Controls the Issuance of Conditional Building Permits?” in 64 Ontario Building Officials Association Journal (March 2005), pp. 12-13.

 “Withholding Building Permit Issuance – Site Plan Agreements & Applicable Law” 8 Digest of Municipal & Planning Law (2d) (June 2017) No. 6, pp. 1-12.

“Zoning By-laws, Chief Building Officials & The Home Statute Rule” 8 Digest of Municipal & Planning Law (2d) (March 2017) No. 3, pp. 1-16.

BY-LAWS

“A Consideration of Substantive and Procedural Reasonableness Respecting Municipal Tax By-laws” in 5 Digest of Municipal & Planning Law (2d) (April 2012), No, 16 pp. 1-4.

“Authentication of Municipal By-laws in Ontario” in 4 Digest of Municipal & Planning Law (June 2009), pp. 3-9.

“Authenticating Municipal By-laws – The Rules of Formality in Ontario & Throughout Canada” in 69 Municipal & Planning Law Reports (4th), pp. 27-43.

“By-laws and Resolutions: Reconsidering Form Over Substance” in 1 Digest of Municipal & Planning Law (2d) (November 2004), pp. 423, 437-439.

“Context Matters – Privilege, Bad Faith and Closed Door Council Meetings” in 6 Digest of Municipal & Planning Law (2d) (February 2014), No. 14, pp. 1-12.

“Freedom of Expression and Municipal Sign By-laws” in 16 Municipal & Planning Law Reports (2d), pp. 38 45.

“Help Yourself: A Taxpayer's Right to Restrain By-law Contraventions” in 4 Digest of Municipal & Planning Law (2d) (October, 2009), pp. 3-8.

“Municipal Authority, Cooperative Federalism and Snail Mail Delivery” 8 Digest of Municipal & Planning Law (2d) (January 2017) No. 1, pp. 1-21.

“Shark Fin Bans – A Consideration of Municipal Powers & Purposes” in 6 Digest of Municipal & Planning Law (2d) (March 2013), No. 3, pp. 1-5.

“Taking Judicial Notice of Municipal By-laws” in 2 Digest of Municipal & Planning Law (July 1993), pp. 113, 127-128.

“The Discretionary Enforcement Principle, the Self-Help Remedy and Defences to Municipal Liability” in 12 Municipal Liability Risk Management (October 2011), pp. 33-45.

“Taxpayers Only Need Apply – Invoking the Self-Help Remedy” in 5 Digest of Municipal & Planning Law (2d) (May 2012), No. 17, pp. 1-3.

“The Requirement for By-law Authorization” in 5 Digest of Municipal & Planning Law (2d) (February 2012), No. 14, pp.1-2.

CONFLICT OF INTEREST

“Conflicts & the Chaos Theory in Magder v. Ford” in 6 Digest of Municipal & Planning Law (2d) (May 2013), No. 5, pp. 1-12.

“Eyes Wide Shut – Wilful Blindness & A Conflict of Fordian Proportions” in 6 Digest of Municipal & Planning Law (2d) (January 2013), No. 1, pp. 1-18. Amended and re-published in 5 M.P.L.R. (5th) pp. 30-75.

“Magder v. Ford – The Saga Continues” in 7 Municipal and Planning Law Reports (5th) pp. 28-50.

“Municipal Conflict of Interest: The Curious Case of a Council Member's Common Law Obligations” in 7 Digest of Municipal & Planning Law (2d) (June 2015), No. 5, pp. 1-10.

“Remoteness & Insignificance and Prospective Relief Under the Municipal Conflict of Interest Act” in 6 Digest of Municipal & Planning Law (2d) (November 2013), No. 11, pp. 1-5.

“The Standard of Review on Appeal for Municipal Conflict of Interest Decisions” in 5 Digest of Municipal & PLanning Law (2d) (July 2012), No. 19, pp.1-4.

“Two Divergent Decisions on Review Standards” in The Lawyers Weekly (June 8, 2012), p. 15.

CONDOMINIUMS

“A Contemporary Legal Fiction: The Artificiality of the Phantom Mortgage” in 1 Digest of Real Property Law (May 1993) No. 19, pp. 295, 312-314.

“Adult Only Condominiums: Case Comment on Dudnik v. York Condominium Corp. No. 216” in 12 Real Property Reports (2d), pp. 76-79.

“Council Members vs. Corporate Directors – Fiduciary Duty, Liability, Malice and Misfeasance” in 6 Digest of Municipal & Planning Law (2d) (August 2013), No. 8, pp. 1-4.

“Disclosure, Avoidance and Motive: Escaping from Condominium Agreements of Purchase and Sale” in 18 Condominium (June 1993), pp. 10-11.

“Phantom Mortgages Revisited” in 19 Condominium (June 1994), p. 10.

“The Enforceability of No Pets Clauses in Condominium Documents” in 24 Real Property Reports (2d), pp. 24-28.

COUNCIL MEMBERS

“Absolute Privilege in the Council Chambers?” in 32 Municipal & Planning Law Reports (5th), pp. 43-48. 

“Defamation in the Council Chambers – Do Council Members have Recourse to the Defence of Absolute Privilege?” in 7 Digest of Municipal & Planning Law (2d) (March 2015), No. 3, pp. 1-20.

 “Elected Officials and Human Rights Codes: The Boundaries of the Employment Relationship” 7 Digest of Municipal & Planning Law (2d) (July 2016), No. 19, pp. 1-7.

“Examining Municipal Officers – When the Head of Council is Not a Municipal Officer” in 4 Digest of Municipal & Planning Law (February 2010), pp. 1-4.

“Municipal Councillors and the Criminal Code” in Public Sector Digest (April 2015), pp. 20-24.

“Municipal Politicians and Online Defamation” in The Lawyers Weekly (June 10, 2011), pp. 13, 15.

“Restricting the Audi Alteram Partem Rule in the Context of Municipal Council Decision-Making” in 1 Digest of Municipal & Planning Law (October 1992), pp. 381, 397-399.

“Tolerance for the Biased Municipal Councillor: The Amenable to Persuasion Test” in 2 Municipal & Planning Law Reports (2d), pp. 322-328.

“Why it's Hard to Say Goodbye” in The Lawyers Weekly, June 13, 2014.

DEVELOPMENT AGREEMENTS

“Running with the Land on a One-Way Street: Enforcing Positive Covenants in Development Agreements” 7 Digest of Municipal & Planning Law (2d) (October 2016), No. 22, pp. 1-6.

DEVELOPMENT CHARGES

“Applying Lot Levy Case Law to Interpret the Development Charges Act” in 2 Digest of Municipal & Planning Law (March 1993), pp. 35, 50.

“Are Development Charges Taxes?” in 1 Digest of Municipal & Planning Law (June 1992), pp. 313, 325-326.

“Collecting 'Overdue' Education Development Charges” in 2 Digest of Municipal & Planning Law (April 1994), pp. 271, 285-286.

“Development Charge Credits: Dealing with Transition” in It's All About Money Land Development and the Dollar (Canadian Bar Association – Ontario – Institute 2000 Conference – January 28, 2000).

“Development Charges” in Ontario Real Estate Developments (May 1999), No. 285, pp. 1-4.

“Development Charges – The Dawn of A New Day in Ontario” in 4 Digest of Municipal & Planning Law (January, 1997), pp. 1, 14-16.

“Education Development Charges: Constitutional Challenges” in 34 Municipal Attorney (September/October, 1993), No. 5, pp. 122 124.

“Funding Municipal Infrastructure” in 42 Municipal Lawyer (March/April 2001), No. 2, pp. 14-16, 31.

“Ontario's New Development Charges Act, 1997” in 4 Digest of Municipal & Planning Law (August 1998), pp. 253, 264-267.

“The Unconstitutionality of Education Development Charges” in 2 Digest of Municipal & Planning Law (August 1993), pp. 129, 145-147.

ELECTIONS

“Counting Mail-In Ballots – An Issue of Balance” in 3 Digest of Municipal & Planning Law (2d) (March 2007), No. 3, pp. 2-4.

“Establishing and Redividing Municipal Ward Boundaries” in 2 Digest of Municipal & Planning Law (February 1994), pp. 231, 248-250.

EMPLOYMENT

“Managing Municipal Moonlightingin 1 Digest of Municipal & Planning Law (2d) (December 2003), pp. 197, 219-222.

FREEDOM OF INFORMATION

“Councillor Records and Disclosure – Same Old Analysis, Different Result” in The Digest of Municipal & Planning Law (June 2016), pp. 1-5.

“Access to Building Permit Plans, Drawings and Information” in 90 Ontario Building Officials Association Journal (June 2011), pp. 5-9.

“Access to Building Permit Applications, Plans and Drawings: An Unreasonable Invasion of Personal Privacy?” in 4 Digest of Municipal & Planning Law (2d) (July 2011), pp. 1-4.

“Access to Electronically Stored Information within Municipal Institutions” in 4 Digest of Municipal & Planning Law (February 2009), pp. 2-4.

“An Overview of the Municipal Freedom of Information and Protection of Privacy Act” in 7 Municipal & Planning Law Reports (2d), pp. 72-81.

“Are Personal Communications Subject to Disclosure under the Municipal Freedom of Information and Protection of Privacy Act” in 8 Canadian Privacy Law Review (November 2011), pp. 129-132.

“Just how public are a public official's files?” in The Lawyers Weekly, June 7, 2013.

“Narrowing Custody and Control under the Municipal Freedom of Information and Protection of Privacy Act” in OBA's Municipal Law Section Newsletter (June, 2011).

“Protecting Privacy – The Need and Necessity Exception” in 1 Digest of Municipal & Planning Law (December 1992), pp. 417, 430-431.

“Sheltering Councillor Records from Disclosure” in 6 Digest of Municipal & Planning Law (2d) (April 2013), No. 4, pp. 1-7. 

FREEDOM OF RELIGION

“Like A Prayer – Freedom of Religion and State Neutrality in the Council Chambers” in 40 Municipal & Planning Law Reports (5th), pp. 18-52. Abridged version published in 7 Digest of Municipal & Planning Law (2d) (August 2015), No. 8, pp. 1-14.

INFRASTRUCTURE DEVELOPMENT AND FINANCING

“Financial Security in Development Agreements – Letters of Credit Versus Performance Bonds” in 4 Digest of Municipal and Planning Law (September 2009), pp. 2-8.

“Financing Public Infrastructure Development & Renewal” in 12th Annual Provincial/Municipal Liability Conference (The Canadian Institute), February 2, 2006.

“Municipal Authority Respecting Renewable Energy Projects in Ontario” in 6 Digest of Municipal & Planning Law (2d) (August 2014), No. 20, pp. 1-8.

“Municipal Public/Private Partnership Arrangements – Overcoming Issues of Bad Faith, Illegal Bonusing & Procurement Irregularities” in 5 Digest of Municipal & Planning Law (2d) (June 2012), No. 18, pp. 1-5.

LAND USE PLANNING

“Adding Parties at Site Plan Referral Hearings” in 2 Digest of Municipal & Planning Law (January 1993), pp. 1, 15-16.

“Applicable Law and Legal Non-Conforming Uses” in 92 Ontario Building Officials Association Journal (December 2011), pp. 5-9.

“Applying the Minimum Affordable Housing Component under the Housing Policy Statement” in 1 Digest of Municipal & Planning Law (November 1992), pp. 401, 415.

“As-of-Right Accessory Apartments: The Intrusion of Top Down Planning” in 1 Digest of Municipal & Planning Law (September 1992), pp. 363, 378-379.

“Bill 51 – More Changes to Ontario's Planning Act” in 2 TechTalk (January 2007), No. 1, pp. 5-6.

“Conditional Zoning” in Ontario Real Estate Law Developments (February 2009), pp. 1-2.

“Confiscation Without Compensation – 'Public' Official Plan Designations of Privately Owned Lands” in 9 Municipal & Planning Law Reports (2d), pp. 43-49.

“Conservation Easement Agreements” in 5 Digest of Municipal & Planning Law (January 2000), pp. 199, 210-213.

“Demolition Control and the Regulation of Reconstruction” in 4 Digest of Municipal & Planning Law (April 2009), pp. 3-6.

“Expropriation Without Compensation – Diminishing Development Potential” in 1 Digest of Municipal & Planning Law (May 1992), pp. 293, 310-311.

“The Green Energy & Green Economy Act, 2009” in TechTalk (Fall 2009), pp. 1, 4-6.

“Heritage Easement Agreements – The Basics” in 6 Digest of Municipal & Planning Law (October 2002), pp. 405, 419-423.

“Height and Density Bonusing in Ontario” in TechTalk (Canadian Association of Certified Planning Technicians), Summer/Fall 2013, pp. 4-6.

“Judicial Interpretation of Zoning By-laws” in TechTalk (Summer 2012), pp. 2-6.

“Land Use Planning for Housing Policy Statement at the Ontario Municipal Board” in 7 Municipal & Planning Law Reports (2d), pp. 160-174.

“Legal Non-Conforming Use: Establishing Use, Lawfulness and Continuity” in 5 Digest of Municipal & Planning Law (January 1999), pp. 1, 11-16.

“Legal Non-Conforming Uses in Ontario” in TechTalk (Spring 2011), pp. 1-6.

“Legalizing Satellite Dishes: Aesthetics and Impacts” in 2 Digest of Municipal & Planning Law (January 1994), pp. 215, 228-229.

“Local Appeal Boards – An Impractical Alternative to the OMB” in TechTalk (Fall 2010), pp. 4-8.

“Local Appeal Bodies – Giving the Ontario Municipal Board a Frontal Lab-otamy in the City of Toronto” in 7 Digest of Municipal & Planning Law (2d) (January 2015), No. 1, pp. 1-16.

“Official Plan Authorization for Bonus By-laws” in 14 Municipal & Planning Law Reports (2d), pp. 209-213.

“Park Conditions on the Development or Redevelopment of Land” in TechTalk (Canadian Association of Certified Planning Technicians), Summer 2015, pp. 5-8.

“'Private' Relief from Parking Requirements” in TechTalk (Winter 2010), pp. 4-7.

“Quashing Interim Control By-laws for Bad Faith” in 2 Digest of Municipal & Planning Law (November 1994), pp. 365, 378-380.

“Regulating Existing Uses and Bad Faith Pitfalls” in 4 Digest of Municipal & Planning Law (2d) (May 2011), pp. 1-4.

“Run Covenant Run: Positive Covenants in Ontario” in 3 Digest of Municipal & Planning Law (2d) (January 2007), No. 1, pp. 2-3.

“Site Plan Approval & Applicable Law: Challenging Decisions Before the Ontario Municipal Board Rather than the Courts” in 104 Ontario Building Officials Association Journal, (December 2014), pp. 4-7.

“Site Plan Control Agreements and Applicable Law” in 1 Digest of Municipal & Planning Law (2d) (February 2004), pp. 245, 258-261.

“Site Plan Control Not Applicable to Telecommunications Undertakings” in 2 TechTalk (Spring 2007), No. 2, pp. 5-6.

“The Use of Bonus Zoning in Ontario: Planning Virtue or Vice” in 41 Municipal Lawyer (May/June, 2000), pp. 16-36.

“Trading Amenities to Density – Planning Legislation Provides Room for Deal Makings” in 21 Canadian Property Management (September 2006), pp. 25-26.

“Tree By-laws and Development Approvals” in TechTalk (Winter 2011), pp. 1-4.

 “Valuing Cash-in-Lieu of Parkland – The Place Where Development Occurs” 8 Digest of Municipal & Planning Law (2d) (May 2017) No. 5, pp. 1-16. 

“Zoning with Conditions” in TechTalk (Summer 2008), pp. 5-7.

MUNICIPAL LEGISLATION

“A Proposed Charter for the City of Toronto” in 47 Municipal Lawyer (March/April 2006), pp. 25-28.

“Are We There Yet? – Ontario's Journey Through Municipal Legislative Reform” in 2006 Annual IMLA Conference (September 17-20, 2006).

“Closed Meeting Investigations in Ontario” in 19 Digest of Municipal & Planning Law (July 2008), pp. 2-5.

“General Grants of Municipal Powers to be Broadly Interpreted” in 1 Digest of Municipal & Planning Law (2d) (April 2004), pp. 285, 299-301.

“I Grant Unto Thee – A Misapplication of the Natural Person Powers” in 2 Digest of Municipal & Planning Law (2d) (January 2005), pp. 1, 14-15.

“Interpreting Municipal Legislative Powers – Expanding the Scope Once Again” in 2005 Annual IMLA Conference (September 25-28, 2005).

“Municipal Decision-Making and the Open Meeting Requirement” in 3 Digest of Municipal & Planning Law (2d) (September 2007), No. 9, pp. 2-5.

“Municipal Powers Respecting Language” in 4 Digest of Municipal & Planning Law (2d) (January 2011), pp. 1-5.

“The Music of the Spheres: The Spheres of Jurisdiction” in Making Over The Body Politic: A Practical Guide to the Municipal Act, 2001 (Law Society of Upper Canada – Continuing Legal Education – November 22, 2002).

“Ontario's Ever-Changing Municipal Licensing Regime” in 3 Digest of Municipal & Planning Law (2d) (November 2007), No. 11, pp. 3-6.

“Park Proposal Did Not Contravene Bonusing Prohibition” in The Lawyers Weekly (September 30, 2011), p. 16.

“Toronto's New Taxes” in 3 Digest of Municipal & Planning Law (2d) (December 2007), No. 12, pp.3-6.

“Why Ontario Needs a Specialized Municipal Court” in The Lawyers Weekly (June 11, 2010), pp. 13 and 15.

MUNICIPAL POWERS AND JURISDICTION

“A Quarter Century of Municipal Law – One Year at a Time” in 7 Digest of Municipal & Planning Law (2d) (October 2015), No. 10, pp. 1-36.

MUNICIPAL REGULATION

“Controlling After-Hours Businesses” in 3 Digest of Municipal & Planning Law (July 1995), pp. 99, 114-115.

“Economic Development, Expropriation and the Prohibition Against Municipal Bonusing” in 31 Municipal & Planning Law Reports (5th), pp. 7-16.

“Expropriation for Economic Development & The Anti-Bonusing Rule” in 6 Digest of Municipal & Planning Law (2d) (June 2014), No. 18, pp. 1-16.

“Is the Writing on the Wall for Sign By-laws in Canada?” in 43 Municipal Lawyer (September-October, 2002), pp. 16-18.

“Municipal Accountability and Provincial Oversight: Expanding the Jurisdiction of the Ontario Ombudsman” in 6 Digest of Municipal & Planning Law (2d) (October 2014), No. 22, pp. 1-7.

“Municipal Oversight: Ontario's Bill 8 Undoes Previous Legislation, Expands Ombudsman Powers” in The Lawyers Weekly (June 12, 2015), pp. 14-15.

“Municipal Regulation and Women's Right to Bear Breasts” in 4 Digest of Municipal & Planning Law (July 1997), pp. 83, 94-96.

“Ontario's Municipal Service Boards” in 22 Digest of Municipal & Planning Law (October 2008), pp. 3-7.

“Practically Expedient Yet Commercially Compulsive” in 4 Digest of Municipal & Planning Law (October 1998), pp. 297, 310-313.

“Regulating Advertising on Public Transit Systems” in 4 Digest of Municipal & Planning Law (May 2010), pp. 1-4.

“Regulating Off-Road Vehicles on Municipal Highways” in 3 Digest of Municipal & Planning Law (2d) (February 2008), No. 14, pp. 3-6.

“Regulating Residential Signs – An American Perspective” in 2 Digest of Municipal & Planning Law (August 1994), pp. 323, 333-336.

“The Evolution of the Municipal Licensing Regime in Ontario” in 51 Municipal Lawyer  (July/August 2010), pp. 24-27 and 37-38.

NEGLIGENCE

“Deep Pocket Liability for Ontario Municipalities” in 1 Digest of Municipal & Planning Law (July 1992), pp. 327, 343.

“Governmental Immunity for Negligence: Narrowing the Scope of Reviewable Decisions” in 2 Digest of Municipal & Planning Law (July 1994), pp. 313, 323-324.

“Nuisance Liability and Municipal Bare Pavement Policies” in 2 Digest of Municipal & Planning Law (April 1993), pp. 51, 66-67.

“The Discretionary Enforcement Principle, the Self-Help Remedy and Defences to Municipal Liability” in 12 Municipal Liability Risk Management (October 2011), pp. 33-45.

TELECOMMUNICATIONS

“Cable Television, Implied Powers and User Fees” in 2 Digest of Municipal & Planning Law (November 1993), pp. 181, 195-196.

“Disconnecting Municipal Site Plan Control Over Telecommunications Undertakings” in 48 Municipal Lawyer (May/June 2007), pp. 26 and 32.

“Telecommunications Access to Municipal Rights-of-Way” in 6 Digest of Municipal & Planning Law (April 2001), pp. 57, 71-74.

“Telecommunications Versus Site Plan Control: A Question of Impairment” in 3 Digest of Municipal & Planning Law (2d) (June 2007) No. 6, pp. 3-5.

Education

  • LLB, Osgoode Hall Law School, 1987
  • MA, University of Toronto, 1984
  • BA, University of Toronto, 1983