Is it a peat moss extraction/triple mix business or a waste disposal/transfer site? For two years, the Town of Whitchurch-Stouffville and resident Paul Bolender have been having this argument in court. Bolender contends his business on Hwy. 48, just north of Vandorf Road – Bolender Excavating and Garden Supplies – is a peat moss extraction/triple … Continued
Thomson, Rogers has acted on behalf of wireless telecommunications carriers since the mid-90s. Our involvement has focused on providing guidance on municipal issues including compliance with the municipal consultation requirements of Industry Canada’s CPC-2-0-03. Understanding the technology as well as the law is important for land-use authorities and the public involved in consultations related to … Continued
Municipalities often require the acquisition of private property in order to construct public works. Examples of these acquisitions include road widenings and sites for municipal wells and landfills. At times it is necessary for the municipality to acquire the land without the consent of the property owner through an expropriation. When there is such an … Continued
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
Municipal and provincial road authorities have a general duty of care to maintain their road systems in good repair so as to protect ordinary users of the highways, exercising reasonable care for their safety, from unreasonable risks of harm, including personal injury. The duty and standard of care of municipal and provincial road authorities is codified … Continued
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Conflict of interest and reputation management are important topics for municipal Councilors in Ontario. The Municipal Conflict of Interest Act contains strict rules regulating a Councilor’s participation in matters in which they have a direct or indirect pecuniary interest. Councilors who offend the Municipal Conflict of Interest Act face significant consequences including the risk of … Continued
Ontario Court of Appeal Rules on Compatibility of By-laws and Legislation In its recent decision in Peacock v. Norfolk (County),  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