Municipal & Land Use Planning
- Overview
- Who To Contact
- Representative Matters
- Recent Developments
The Aird & Berlis Municipal & Land Use Planning Group is one of the largest and most highly recognized practice groups of its kind in Canada. Our dedicated lawyers and skilled land use planners devote their practice to matters relating to municipal law, land use planning and development law. We act on behalf of landowners and developers, municipalities and public agencies, elected officials and local board members, institutional clients, utility companies, as well as public interest groups.
Land Development
We are a recognized leader in land use planning, and are well-acquainted with the ever-evolving legislative regime governing and affecting development in Ontario.
Our services range from providing assistance with simple land use approvals, including minor variances and consent applications, to complex and lengthy development matters and disputes, such as contentious official plan and comprehensive zoning by-law amendments.
Our lawyers regularly appear before the Ontario Land Tribunal (formerly the Local Planning Appeal Tribunal), municipal councils and committees of adjustment. We also represent litigants in court applications and appeals at all levels of the courts, including the Supreme Court of Canada. Additionally, we have a well-established track record of success in the mediation and resolution of land use disputes.
Our professionals have extensive experience preparing all forms of statutory and extra-statutory development agreements, and are well-versed in providing advice and dealing with appeals related to the Building Code Act, 1992, and the Development Charges Act, 1997.
We also have specialized expertise handling Ontario Heritage Act matters, including heritage designations, heritage conservation districts and appearances before the Conservation Review Board.
Municipal Law
General municipal law covers a wide array of matters which deal with the core powers, duties, responsibilities and liabilities of municipalities. Our knowledge of local government jurisdiction, operations, procedure and law is second to none in Ontario. We are experts on municipal legislation and have written extensively on the subject. A number of our lawyers are former in-house municipal solicitors, senior municipal staff and/or have worked at the former Ontario Ministry of Municipal Affairs and Housing, now two separate ministries. This provides an unparalleled depth of knowledge and understanding regarding municipal by-laws, council authority, powers and procedures, elections, the open-meetings rule, the anti-bonusing provision, accessibility, transparency, councillor conduct, self-help remedies and the discretionary enforcement principle.
We regularly provide opinions on the Municipal Act, 2001, the Municipal Conflict of Interest Act, the Municipal Elections Act, 1996, the Municipal Freedom of Information and Protection of Privacy Act, procedural and governance issues and social and public housing matters. We frequently attend at council, committee and staff meetings for our municipal clients to provide opinions and make presentations on legal issues.
With respect to various municipal agreements, Aird & Berlis assists with everything from simple undertakings and releases to complex contracts and development agreements. A large component of our practice is focused on drafting municipal contracts and agreements, including those pertaining to large infrastructure financing, operating and service delivery, information technology, procurement, construction, user and licence fees, and property tax and collection matters.
We have also dealt with all types of municipal by-law interpretation, application and enforcement matters, including those under the Municipal Act, 2001, the Provincial Offences Act, the Building Code Act, 1992, and the Fire Protection and Prevention Act, 1997. Our experience includes advising on municipal signage regulation, applications for variances and amendments, provincial regulation, permit and contract litigation, Charter issues and defending against prosecutions.
Expropriation
Aird & Berlis represents a wide variety of landowners/claimants and expropriating/approval authorities across Ontario in all aspects of expropriation law. We act for municipalities and other public authorities on a wide variety of expropriations, including very large and complex linear expropriations for transportation and related infrastructure projects. In so doing, we are involved from the inception of the project, advising on related environmental assessments, preparation of notices, by-laws, plans, offers, agreements, and other documents, as well as the negotiation of compensation and the adjudication of compensation before the Ontario Land Tribunal and the courts, if necessary. Our experience includes acting for the landowner in one of the largest transportation infrastructure expropriations in Ontario, as well as numerous claimants regarding various takings by public agencies for large infrastructure projects.
Municipal Finance, Development Charges and Property Tax Assessment
Aird & Berlis has extensive experience in all aspects of municipal finance, tax and assessment, including hearings before the Ontario Land Tribunal, the Assessment Review Board and the courts. We represent municipalities and private sector clients with respect to development charges, large infrastructure financing, municipal fees and charges, as well as all aspects of property tax and collection, including tax sales.
Contacts
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BioFull bio
Tom works with his municipal and land development clients, guiding them through the ever-evolving provincial policy framework.
Group Members
Representative Matters
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Oakville Developments Secures $5.94 Million in Expropriation Proceedings
On August 12, 2024, the Ontario Land Tribunal issued a ruling in the expropriation proceedings of Oakville Developments (2010) Inc. against the expropriating authority, concerning the expropriation of... -
Aird & Berlis Secures Complete Dismissal of $2.1-Million COVID-19 Cost Claim for Municipality
Aird & Berlis was recently successful in defending a $2.1-million claim brought against an Ontario municipality for increased material and labour costs arising in the context of the COVID-19 pandemic.... -
$400-Million Mixed-Use Development Set to Revitalize Hamilton Community
Roxborough Park Inc., a partnership of Urbancore Developments, Carriage Gate Homes and the Effort Group, is collaborating with the City of Hamilton and City Housing Hamilton to develop a $400-million,... -
City of Cambridge Chief Building Official Obtains Confirmation of Emergency Order to Demolish Designated Historical Building
On November 29, 2023, the Superior Court of Justice released its long-awaited decision to confirm an emergency order issued by the City of Cambridge’s Chief Building Official requiring the immediate d... -
Aird & Berlis Acts for the Ontario Ministry of Economic Development in its Winning Bid for Volkswagen Gigafactory
The Ontario Ministry of Economic Development, Job Creation and Trade successfully bid for Volkswagen’s first overseas gigafactory, which will be built in St. Thomas. -
Superior Court Grants Summary Judgment Motion Dismissing Action Seeking to Quash Municipal By-law
On May 3, 2023, the Township of Oro-Medonte was successful in having an action dismissed on a summary judgment motion. -
City of Stratford Successful in Ontario Superior Court of Justice Appeal
The Ontario Superior Court of Justice Divisional Court released its decision in 1353837 Ontario Inc. v. The Corporation of the City of Stratford, concerning 1353837 Ontario’s appeal of the Ontario Lan... -
Homestead Land Holdings Ltd. Successful in Ontario Superior Court of Justice Decision
On June 17, 2022, the Ontario Superior Court of Justice (Divisional Court) released its decision in Frontenac Heritage Foundation v. Homestead Land Holdings Ltd., concerning two proposed high-rise bui... -
Choice Properties and Loblaw to develop 1.2 million square foot GTA distribution centre
Choice Properties Real Estate Investment Trust ("Choice Properties") exercised its equity conversion right from Rice Group to acquire a 75% ownership interest in 154 developable acres of industrial la... -
KIN Capital’s New Equity Arm Makes Debut Investment
KIN Capital Partners Inc.’s (“KIN”) new equity platform with Israeli-based Mivtach Shamir Holdings Ltd. (“MISH”) made its debut investment in an 11.6 acre site at 3300 Rutherford Road in Vaughan. The ...
Recent Developments
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Article
Ontario Seeks Feedback on Pay-on-Demand Surety Bonds to Secure Land Use Planning Obligations
This article provides a brief overview of on-demand surety bonds and why they might be an appropriate choice for some developers, as well as some initial considerations for municipalities, should a de... -
Firm News
Aird & Berlis Recognized in Chambers Canada 2025
Aird & Berlis is pleased to announce its inclusion in the 2025 edition of the Chambers Canada Legal Guide. The firm was recognized as a leader across 12 different practice areas. 34 of the firm’s lawy... -
Event
Ontario Land Use Planning Right Now: Putting the New Pieces Together
- 04:00 PMJoin members of our Aird & Berlis Municipal & Land Use Planning Group as they discuss the significant updates in Ontario’s municipal land use policies and what stakeholders should anticipate in the ne... -
News Item
112 Aird & Berlis Lawyers Recognized in The Best Lawyers in Canada 2025
Aird & Berlis is proud to announce that 112 members of the firm were selected by their peers for inclusion in the 2025 edition of The Best Lawyers in Canada. We are also pleased to share that an addit... -
Article
It’s Here! Ontario Releases Provincial Planning Statement, 2024
Issuance comes after a significant period of public consultation on two prior drafts and is welcome news for anyone with an interest in land development in Ontario. -
Article
Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Receives Royal Assent
This legislation is the latest effort by the Province of Ontario to accelerate the development of new housing by removing perceived barriers. -
Article
Ontario Extends Deadline for Heritage Property Designation Under Ontario Heritage Act
Municipalities now have until January 1, 2027, to issue a notice of intention to designate these properties before they must be removed from the register. -
Article
First Reading of Bill 185 and the Draft 2024 Provincial Planning Statement
The Cutting Red Tape to Build More Homes Act, 2024 (Bill 185) was presented to the Legislative Assembly of Ontario for first reading on April 10, 2024. That same day, the Province also released for fu... -
Article
Ontario Releases a Revised Draft Provincial Planning Statement
On April 10, 2024, Ontario released an updated draft of the proposed Provincial Planning Statement. -
Article
Ontario’s 2024 Budget Delays Property Tax Reassessment
On March 26, 2024, the Ontario provincial government unveiled the 2024 Ontario Budget: Building a Better Ontario. Among other things, the 2024 Budget deferred the next property tax reassessment indefi... -
Event
Real Estate in Distress and the Search for Solutions
- 04:00 PMJoin members of the Aird & Berlis Distressed Real Estate Group as they discuss traditional mortgage remedies and provide insights into receivership options. Gain an understanding of the current crisis... -
Firm News
Aird & Berlis Recognized in 2024 Canadian Legal Lexpert Directory
The Canadian Legal Lexpert Directory has recognized 62 partners at the firm as leading lawyers across 37 different practice areas. Aird & Berlis was also recognized at the firm level across 16 differe... -
Article
Ontario Introduces Bill 162: The Get It Done Act, 2024
The stated objectives of Bill 162 are to “get shovels in the ground” and accelerate the construction of transit, housing and infrastructure projects to support Ontario’s growing population while makin... -
Article
Ontario Advances Changes to Conservation Authorities Act for Safer Development
A new regulation under Ontario’s Conservation Authorities Act (the “Act”), Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, will come into effect on April 1, 2024. -
Article
Ontario Plans to Revoke Municipal Class EA and Replace It With Municipal Project Assessment Process Regulation
Ontario is moving forward with changes to the current environmental assessment (“EA”) process for municipal infrastructure projects. -
Article
Key Property Tax Deadlines Loom for Ontario Residents
On February 29, 2024, Ontario property owners will be affected by several significant tax-related deadlines, including the Vacant Home Tax (specific to residential properties in Toronto), tax relief a...