David N. Germain, Associate

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Email: Click here to Email

Phone: 416.868.3162

Fax: 416.868.3134

Admitted to the Law Society of Upper Canada in 2006

 

Practice Highlights

David’s practice focuses on municipal law and land use planning as well as providing legal advice to municipalities on a range of other issues, including employment and contract law. Recent OMB cases that he has been involved with include disputes over the development of apartment buildings, gravel pits and wind turbines. As a solicitor, David has experience drafting and advising clients on a variety of subdivision, site plan and municipal service agreements.

Education

  • Bachelor of Music, McGill University (2000)
  • M.A., Columbia University(2002)
  • J.D., University of Toronto Faculty of Law (2005)

Practice Areas

  • Municipal Law
  • Land Use Planning
  • Environmental Law
  • Expropriations

Professional Activities and Affiliations

  • The Canadian Bar Association
  • The Ontario Bar Association

 

Cases of Note:

Significant Ontario Municipal Board Decisions

Preston Sand and Gravel Company Limited v. Puslinch (Township). PL090122, March 10, 2010.
Acted on behalf of the aggregate company to obtain approval of its proposal to zone and licence a pit including extraction below the water table.  Issues included environmental, hydrogeology, noise, dust, traffic, social impact analyses re the haul route, and the establishment of a private haul route, and official plan conformity.

The Murray Group Limited v. Centre Wellington (Township) and PERA. PL050956, May 12, 2008.
Acted on behalf of the aggregate company to obtain approval of the proposal to zone and license two gravel pits. Issues included environmental, hydrogeology, noise, dust, traffic, ecological assessment, fish habitat, proximity to a hamlet and official plan conformity.

Canadian Hydro Developers Inc. v. Amaranth (Township). (2007) 58 O.M.B.R. 236.
Acted on behalf of the Township on a wind turbine farm proposal, resulting in a settlement of the Township issues, secured in a number of development agreements. Primary issues at the hearing involved transformer noise and the operation of aerodromes in the vicinity of the proposed turbines, including constitutional issues regarding aeronautics being a federal undertaking.

 


 

Publications

David N. Germain, "Experts under summons", The Lawyers Weekly, September 30, 2011.

 


 

In the Media

Orangeville.com. "Mono leaves bylaw fees in judge's hands"
August 11, 2010

Orangeville Citizen. "OMB approves OP, zoning for Orica explosives"
July 15, 2010

 

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