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22 Mar

Municipality improperly abandoned ratepayers by failing to oppose application for legal non-conforming use of lakeside land

Monday, March 22, 2021James R.G. CookLitigation, Real Estate, Municipal LawZoning By-Law, Norfolk County, Ontario

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Some municipal zoning restrictions are intended to address local planning needs for commercial and residential purposes, while other...

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15 Dec

To Conserve and Protect? Bill 229's Impact on Conservation Authorities

Tuesday, December 15, 2020Jonathan James NehmetallahLitigation, Municipal LawConservation Authorities Act, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures) 2020, LPAT: Local Planning Appeal Tribunal, Conservation Authority

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Ontario has 36 conservation authorities that act as community-based management agencies who undertake watershed-based programs to protect the community from...

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5 Nov

Injunction to Stop Neighbour’s House Construction near Escarpment Dismissed

Thursday, November 5, 2020James R.G. CookLitigation, Municipal Law, Real EstateBuilding, Building Code Act, 1992, Conservation Authorities Act

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A property owner’s application for an injunction against his neighbour to stop construction of a property which he claimed was in contravention of municipal and conservation authority regulations was...

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28 Oct

Injunction Granted to Hotel to Enforce Noise By-Law

Wednesday, October 28, 2020James R.G. CookLitigation, Municipal LawEnvironmental Protection Act, Municipal Act

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Potential harm to a hotel’s online reputation for providing a quiet night’s sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ’s Hospitality v. Kal Tire2020 ONSC 6198 (CanLII), a hotel in...

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9 Oct

Township’s Prescriptive Easement Upheld by Court of Appeal

Friday, October 9, 2020James R.G. CookLitigation, Municipal LawOntario Court of Appeal , Land Title Act, Land Registry

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In Paleshi Motors Limited v. Woolwich (Township)2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...

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20 Nov

Stone(d) Walled: Cannabis Production and Municipal Zoning By-Laws

Tuesday, November 20, 2018Jonathan James NehmetallahLitigation, Municipal LawMarijuana, Cannabis Laws

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Now that the production and sale of cannabis is legal, individuals and corporations should pay close attention to zoning by-laws within their respective municipality when...

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22 Aug

Cottage Country Access Lessons

Tuesday, August 22, 2017James R.G. CookLitigation, Municipal Law, Land Titles Act, Land Use Regulation

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With the 2017 summer cottage season winding down, a recent case involving sparing neighbours reminds us of the importance of ensuring you have some form of legalized road access to your rural retreat.

Brown v Savage, 2017 ONSC 4357, involved two waterfront properties on Buckham’s Bay on the Ottawa River...

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7 Jun

Bill 139 - Ignoring Conservation Authorities Will Cost You

Wednesday, June 7, 2017Litigation, Environmental Law, Municipal Law, Conservation, Administrative Law, Criminal LawConservation Authority, Bill 139, Prosecutions, Search and Seizure

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The Ontario government introduced Bill 139 on May 30, 2017 called the Building Better Communities and Conserving Watersheds Act, 2017. This bill is an amalgam of changes to various pieces of...

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31 May

Righting the Apple Cart. Conservation Authorities

Wednesday, May 31, 2017Environmental Law, Municipal Law, Conservation, Administrative Law, LitigationConservation Authority, Safety, Standard of Review, Flooding, Development, Prohibition

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Conservation Authorities (“CAs”) in Ontario are breathing a bit easier following the May 23rd 2017 decision of the Court of Appeal in...

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17 Aug

Pokemon “No!”

Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal Code, LitigationGeneral Interest, Technology, Mobile Phones

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The proliferation of iPhones, iPads, androids and other personal technology devices has also resulted in the growth of online games for both the young and old. It is difficult to watch television without... 

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