Practice Highlights

David’s practice focuses on municipal law and land use planning. He appears regularly before the Ontario Municipal Board and other tribunals on matters ranging from the simplest minor variances to the most complex official plan reviews and aggregate applications. David also provides day to day legal advice to municipalities and private parties on a range of issues, including construction and procurement law, the scope of municipal powers, conflicts of interest, renewable energy, source water protection, endangered species and environmental assessments. Recent OMB cases that he has been involved with have included disputes over the development of subdivisions, secondary plans, gravel pits and quarries. As a solicitor, David has experience drafting and advising clients on a variety of land development and municipal infrastructure agreements.

Education

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

Professional Accreditations and Affiliations

  • The Canadian Bar Association
  • The Ontario Bar Association
  • The Advocates Society

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  • Significant Ontario Municipal Board Decisions

    Re Nelson Aggregate Co. OCH 08-030, October 11, 2012

    Represented the Region of Halton in opposition to the proposed expansion of a quarry in the Niagara Escarpment. Following a lengthy hearing, involving extensive evidence on ecology, forestry, surface water, ground water, endangered species, and other areas, was successful in having the quarry expansion application dismissed.

     

    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.

  • David Germain AG-Appointed to PEO’s Discipline Committee

    Engineering Dimensions | September/October 2015

    Although David Germain deals with professional engineers frequently in his municipal law practice, he says the PEO experience has broadened his perspective. “My involvement with PEO’s Discipline Committee allows me to see things from the other side of the table,” Germain says. Read full article: Order In the Court: Better Adjudication A Key to Better Regulation    
  • Clean Water Act Merits Close Look

    The Lawyers Weekly | June 8, 2012

    The Clean Water Act, 2006 will have far-ranging effects on land use planning in Ontario. While actual measures to implement the CWA are still being formulated, it’s important for those who practise in this area to inform themselves about the changes coming. In essence, the CWA and its regulations divide Ontario into source protection areas … Continued
  • Experts under summons

    The Lawyers Weekly | September 30, 2011

    Experts under summons are common at land use tribunals in Ontario. While the role of experts in general has been evolving, both in the courts and at administrative tribunals, relatively little attention has been paid to the particular issues surrounding experts who testify under summons. The expert-related amendments to the Ontario Rules of Civil Procedure … Continued
  • Mono leaves bylaw fees in judge’s hands

    Orangeville.com | August 11, 2010

  • OMB approves OP, zoning for Orica explosives

    Orangeville Citizen | by Wes Keller | July 15, 2010

    In a 10-page decision released June 30 but not yet posted on its website, the Ontario Municipal Board has ruled that Orica Canada Inc. may continue its explosives storage operations at a long established site near Luther Marsh. The OMB’s approval of both an East Luther Grand Valley Official Plan amendment and permanent zoning are … Continued
  • OCA recognizes widespread municipal practice of servicing allocation

    AdvocateDaily.com | February 12, 2015

    Municipal Allocations – Ontario municipal lawyer David Germain says a recent Court of Appeal decision is important for both municipalities and developers as it provides some much needed judicial interpretation of s. 86(1) of the Municipal Act. The appeal court’s decision in 1298417 Ontario Ltd. v. Lakeshore (Town), 2014 ONCA 802 (CanLII) is also significant … Continued
  • Pesticides, Hogs, and Nutrient Management

    Legal Alert | October 2007

    Ontario Court of Appeal Rules on Compatibility of By-laws and Legislation In its recent decision in Peacock v. Norfolk (County), [2006] 81 O.R. (3d), the Ontario Court of Appeal clarified the circumstances in which the “impossibility of dual compliance” test will determine whether or not a by-law conflicts with a Federal or Provincial statute. Earlier … Continued