Our firm represents municipalities, developers, conservation authorities, residents groups and quasi-governmental organizations in all aspects of Environmental, Planning and Municipal Law. A summary of notable cases with links to decisions is provided below.
We regularly represent clients as lead counsel before the following decision-making and appellate bodies:
- Ontario Land Tribunal
- Hearing Panels constituted under the Federal Impact Assessment
Act and the Impact Assessment Agency of Canada (formerly the Canadian
Environmental Assessment Act and Agency) - Normal Farm Practices Protection Board
- Agriculture, Food and Rural Affairs Appeal Tribunal
- Ontario Drainage Tribunal
- Ontario Court of Appeal
- Superior Court of Justice
Planning Law and Land Development
Our firm has over thirty years of experience representing a range of stakeholders on land use planning and land development issues. Our firms’ lawyers appear regularly before the Ontario Land Tribunal (“OLT”, formerly the LPAT & OMB). providing representation and advocacy with as strong track record of success in achieving our clients planning and land development objectives at
Sample Decisions:
- Minor Variance: Pitman v Mapleton (Township), 2019 CanLII 18889 (ON LPAT)
- Consent/Severance: Zehr v Oxford (County), 2020 CanLII 21728 (ON LPAT)
- Consent/Severance: Homes in the Hills Inc. v Wellington (County), 2019 CanLII 29220 (ON LPAT)
- Subdivision: Lindprop Corporation v Oxford (County), 2019 CanLII 77522 (ON LPAT)
- Subdivision: Sorbara Group of Companies v Centre Wellington (Township), 2019 CanLII 96177 (ON LPAT)
- Development Charges: Whiteley v Guelph (City), 2020 CanLII 14778 (ON LPAT)
- ZBA: The Architectural Conservancy of Ontario v Cambridge (City), 2018 CanLII 8131 (ON LPAT)
- OPA: Whiteley v Guelph (City), 2018 CanLII 1023 (ON LPAT)
- Growth Plan Interpretation & OPA: Ontario Stone, Sand & Gravel Association v Hamilton (City), 2020 CanLII 3193 (ON LPAT)
- Quarry/ARA: James Dick Construction Limited v Wellington (County), 2020 CanLII 10045 (ON LPAT)
- Quarry/ARA: Dufferin Aggregates v Puslinch (Township), 2019 CanLII 32418 (ON LPAT)
- Heritage Issues: Williams & McDaniel Property Management v. Guelph (City), 2016 CanLII 58088 (ON LPAT)
- Growth Plan Issues: Re: City of Hamilton Urban Official Plan , LPAT Case Nos. PL090114/PL110331, 2020 (ON LPAT)
Planning Law
Our firm has extensive experience in all aspects of planning law, from advice on municipal official plans, zoning by-laws and site plan approvals, through to LPAT appeals. Working with municipal planning staff, other municipal staff and Councils, we help deliver effective and cost effective results to achieve our client’s day-to-day and long term land use planning objectives.
Environmental Issues
We represented municipal clients and assisted them in managing the legal and advocacy components of complex environmental cases involving contentious public interest issues . We have helped multiple municipal clients address environmental contaminated land issues, municipal environmental approval for waste management facilities and other infrastructure, source water protection objectives and challenges and conflicts related to natural heritage resource protection. Our work frequently takes us before the Ontario Land Tribunal (Formerly the ERT and LPAT) to achieve municipal objectives. It also can involve successfully working through complex settlement negotiations between private landowners, businesses, multiple levels of provincial and municipal governments, residents groups and other stakeholders.
By-law Compliance
Our firm assists municipalities all aspects of municipal by-law compliance including prosecuting offences, drafting by-laws and amendments, legal interpretation of by-laws and advising on improvements to municipal practices and protocols to ensure compliance.
Public Land Acquisitions and Expropriations
Our firm assists municipal and other clients with respect to public land acquisitions matters including matters addresses pursuant to the Expropriations Act.
Appeals and Judicial Review Applications
Our firm also has strong experience representing municipalities before the Courts to uphold successful decisions before the OLT that have been challenged through appeals or applications for judicial review.
Environmental Orders and Permissions
Our firm has extensive experience assisting land owners, municipalities and companies who have been named on environmental or administrative orders issued by the Ontario Ministry of Environment, Conservation and Parks or other regulators. We also assist clients seeking or involved in decision-making on environmental approvals. In these cases we have dealt successfully assisted clients in dealing with issues related to waste management, septic systems, spills, and investigation and clean-up requirements related to property contamination. Our work in this area includes representation of our clients before the Ontario Land Tribunal (OLT) and other administrative decision-makers, boards and tribunals. We also have strong experience assisting municipalities and community groups seeking leave to appeal decisions on environmental orders or permits.
Sample Decisions:
- Clean-up Order: Union Gas Limited v Ontario (Environment, Conservation and Parks), 2019 CanLII 57834 (ON ERT)
- Clean-up Order: Montague v. Ontario (Ministry of the Environment), 2005 CanLII 6379 (ON SCDC)
- Leave Application: Corporation of the City of Guelph v. Director, Ministry of the Environment, 2014, ERT Case No. 13-013.
- Corporation of the City of Guelph v. Director, Ministry of the Environment, 2014, ERT Case No. 13-013.
Sample Decisions:
- Clean-up Order: Union Gas Limited v Ontario (Environment, Conservation and Parks), 2019 CanLII 57834 (ON ERT)
- Clean-up Order: Montague v. Ontario (Ministry of the Environment), 2005 CanLII 6379 (ON SCDC)
- Leave Application: Corporation of the City of Guelph v. Director, Ministry of the Environment, 2014, ERT Case No. 13-013.
Waste Management/Landfill Approvals
- We act for municipalities and proponents in the environmental approvals process for a large number of landfill and waste management facilities, including representation before the Environmental Review Tribunal.
- We have been retained to oversee and manage an annual scientific and legal peer review of one of the largest landfill operations in Canada.
Sample Decisions:
- Landfill/OPA: Walker Environmental Group Inc. v Oxford (County), 2017 CanLII 36181 (ON LPAT)
- Re: Interim Waste Authority, 16 C.EL.R. (N.S), 27 (ON, Joint Board)
- Re: Steetley Quarry Products , 19 C.EL.R. (N.S), 212 (ON, Joint Board)
- Re: North Simcoe Waste Management Association, 5 C.E.L.R. (N.S.), 98 (ON, Joint Board)