The Basics of Municipal Service Corporations
A Brief Overview
Municipalities possess a range of powers and responsibilities under the Municipal Act, 2001, S.O. 2001, c. 25 (the “Municipal Act”) including the delivery of various key public services . While some municipal services are able to be provided effectively by municipalities themselves, there are circumstances where the unique . . .
From Bonusing to Benefits
A brief overview of Section 37.1 of the Planning Act
In 2020, the provincial government introduced amendments to section 37 of the Planning Act, R.S.O. 1990, c. P.13 (the “Act”). These amendments served to replace the former density “bonusing” regime with the current community benefits charge (“CBC”) regime. At a very high level, the CBC regime permits . . .
Case Summary: R v Greater Sudbury (City)
2023 SCC 28
A recent decision from the Supreme Court of Canada involving a tragic workplace accident has provided clarity on what the courts will assess when determining if a municipality is an “employer” under Ontario’s Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the “OHSA”).
Background
In . . .
Investigations in Municipal Workplaces
Municipalities, just like all employers, have an obligation to investigate complaints of workplace harassment under the Occupational Health and Safety Act as part of their duty to provide a safe workplace. Municipalities also have similar obligations pursuant to the Municipal Act. Although municipal workplaces are similar to . . .
Demystifying Legal Language: Understanding “Public Highways” under the Municipal Act
In the realm of municipal law, the term “common and public highway” takes center stage as defined by the Municipal Act, 2001. This exploration navigates through historical roots, legal precedents, and contemporary considerations to elucidate the concept of highways.
Tracing back to Roman law, the term . . .
Case Summary: Clarifying the Law of De Facto Expropriation
Halifax (Regional Municipality) v Annapolis Group Inc
The Supreme Court of Canada recently discussed the topic of de facto expropriations in Canada.
In 2017, Annapolis Group Inc. (“Annapolis”) began legal proceedings against the Halifax Regional Municipality (the “HRM”). One of the claims made against the HRM was that it had effectively taken over lands which were owned by Annapolis. . . .
A Prosecutor's Obligations
Originally presented at the OBA’s Ontario Legal Conference: Municipal, Planning and Environmental Law - Feb 9-10, 2023
Introduction
There are important distinctions between the role played by municipal prosecutors and the other, various roles that lawyers employed or retained by municipalities have. This paper reviews the . . .
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