
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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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 ... -
$210M Claim Against City of Vaughan and Members of Council Dismissed With $1.2M in Costs Awarded to City
The City of Vaughan and members of its Council were recently entirely successful in their motion to dismiss a $210 million lawsuit brought against them. -
Tenants Successful at the Ontario Court of Appeal
A group of tenants, represented by Vedran Simkic and Matthew Helfand, litigators at Aird & Berlis LLP, successfully obtained leave from, and subsequently overturned, a three-judge panel of the Ontario... -
The City of Stratford Successful in Ontario Land Tribunal Decision
The OLT released its decision in 1353837 Ontario Incorporated v Stratford (City), concerning expropriation of the former Grand Trunk Railway lands in Stratford. -
City of Ottawa Does Not Owe Developer Duty of Care over Contents of Easement
This is an update to our July 25, 2019 bulletin summarizing Justice Sally Gomery’s decision in Charlesfort Developments Ltd. v. Ottawa (City of), 2019 ONSC 4460. In that decision, Justice Gomery deter...
Recent Developments
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Ontario’s Affordable Homes and Good Jobs Act, 2023 Receives Royal Assent
Bill 134 amends the Development Charges Act, 1997 to create new definitions for the provision which exempts affordable residential units from development charges. -
Article
Ontario Introduces Legislation to Reverse Certain Provincial Planning Decisions
In its continuing efforts to wind back certain land use planning decisions, on November 16, 2023, the Ontario government introduced Bill 150: the Planning Statute Law Amendment Act, 2023. -
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Changes to Toronto’s Vacant Home Tax and Small Business Property Tax Class
On October 11, 2023, Toronto City Council adopted changes to the Vacant Home Tax for the 2023 taxation year and to the Small Business Property Tax Subclass for the 2024 taxation year. -
Firm News
2023 Edition of Doing Business in Canada Now Available!
Aird & Berlis is pleased to present the 2023 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law, and is intended for ... -
Event
Navigating Property Assessment and Taxation: Insights for Developers and Owners
- 01:00 PMOntario’s Property Assessment Notice serves as a pivotal document for property developers and owners. The notice outlines the property’s assessed value and classification, and has a direct impact on ... -
Article
Beginning of a New Rental Construction Boom? Temporary GST Exemption for Purpose-Built Residential Rental Properties Sparks Growth Potential
On September 14, 2023, the Canadian government announced that it will introduce enhanced rebates which will eliminate the GST/federal component of the HST (i.e., the 5% component of the 13% HST) for n... -
Firm News
Aird & Berlis Recognized in Chambers Canada 2024
Aird & Berlis is pleased to announce its inclusion in the 2024 edition of the Chambers Canada Legal Guide. The firm was recognized as a leader across eight different practice areas. 27 of the firm’s l... -
Event
On Appeal: Strategies to Empower Municipal Adjudicative Bodies
- 01:00 PMFrom property standards to dangerous dogs, municipal adjudicative bodies serve a crucial role in the enforcement of local regulations and by-laws within our communities. Empowering these boards, tribu... -
Firm News
91 Aird & Berlis Lawyers Recognized in The Best Lawyers in Canada 2024
Aird & Berlis is proud to announce that 91 members of the firm were selected by their peers for inclusion in the 2024 edition of The Best Lawyers in Canada. The firm is recognized across 44 practice ... -
Article
Ontario’s Property Reassessment Officially Deferred
The government has announced a further deferral of the province-wide property assessment. On August 16, 2023, the government filed Ontario Regulation 261/23 which, among other things, officially exten... -
Article
Ontario’s Next Property Reassessment Remains Uncertain
In November of 2021, the Ontario Government released its Fall Economic Statement. In the section entitled “Property Tax Stability and Competitiveness,” the government stated that its priority was “mai... -
Firm News
Aird & Berlis Welcomes New Partner Melissa A. Muskat
We are pleased to announce that Melissa A. Muskat has joined the firm as a partner and member of our Municipal & Land Use Planning Group. -
Event
Architectural Design Projects Through an Indigenous Lens
- 03:00 PMJoin us for a one-hour presentation from Matthew Hickey, Partner at Two Row Architect, as he takes us through the lens of Indigenous design and its application to architecture projects. The program wi... -
Article
City of Toronto Proposes Official Plan Amendment 668
On June 21, 2023, the City Planning Division of the City of Toronto held an open house with respect to a City-initiated Official Plan Amendment 668 (“OPA 668”), which responds to the new, more restric... -
Article
Arbitration Clauses in Construction Agreements: Mandatory or Permissive?
Arbitration clauses should be reviewed and negotiated by both parties prior to entering a construction contract, as such clauses will impact how disputes arising between the parties may be resolved. -
Event
Provincial Planning Statement: A Proposal to Refresh the Provincial Policy Statement and Growth Plan
- 01:00 PMIn this complimentary webinar, Laura Dean and Paula Boutis will review the changes that accompany the aforementioned announcement and their impact on future land-use planning decisions across Ontario.