Law Times

PAGE 12 FOCUS June 28, 2010 • Law Times about harmonizing the lan- guage governing land use in the amalgamated city, but planning lawyers warn of little-noticed pitfalls they should be advising their clients about. "It will be a minefi eld," says Quinto Annibale, a partner at Loopstra Nixon LLP in Etobi- coke, who notes the new bylaw could result in "hundreds and hundreds" of appeals. "People are going to have to be vigilant about protecting their rights," adds Annibale, whose practice focuses on mu- nicipal and planning law. Th e proposed changes, of course, are mostly about bring- ing Toronto up to date following amalgamation in 1998 of the six former municipalities that now make up the city. "Th ere really was no consistency between the Toronto zoning bylaw creates work for lawyers T BY GLENN KAUTH Law Times oronto's proposed com- prehensive zoning by- law is largely an exercise municipalities," says Signe Leisk, a partner in the municipal, plan- ning, and environmental group at Cassels Brock & Blackwell LLP. But, she notes, the new by- law doesn't necessarily mean all areas will have the same land-use standards but instead will have common language for describ- ing those rules. As an example, she refers to calculations for den- sity, for which some municipali- ties used a gross-fl oor area while others used a fl oor-space index. While the new bylaw settled on a fl oor-space index, the actual density limits will continue to vary across the city. Th e result, according to Leisk, is a "less controversial bylaw because, no matter what number you pick, someone's not going to like it." She points out, however, that a key change will aff ect employ- ment areas in Toronto. Th at's be- cause planners wanted to preserve areas like industrial zones for more traditional uses rather than allow- ing facilities such as big-box stores has cemented that approach in the new zoning bylaw by remov- ing certain commercial and retail uses from employment areas. Leisk notes the city is also pro- posing more restrictive rules for schools. Zoning for that use cur- rently allows for a broad range of facilities, but the proposed bylaw would have separately defi ned areas for post-secondary institu- tions, for example. As a result, Leisk suspects 'Where there was controversy or it wouldn't conform to the official plan, they left it out,' says Signe Leisk. to occupy them, an issue that arose in the recent SmartCentres proposal for a retail, offi ce, and entertainment complex on land in the Leslieville neighbourhood that the city wanted to set aside for creative industry jobs. Th e city was victorious in that dispute and O'Brien's Encyclopedia of Forms, Eleventh Edition — t Municipal Corporations, Division IX Editor: Irvin M. Shachter This service delivers concise commentaries that help you to quickly and easily adjust the related municipal forms to meet your goals and legal requirements. With the Internet version, easily search for agreements and clauses, integrate and customize them into documents and e-mail them to your clients. Looseleaf, binders (3) & Internet access • $441 • Releases invoiced separately (1/yr) P/C 0897030000 • Vol. 1/2/3 - ISBN 0-88804-187-X/-356-2/-425-9 Municipal Lands: Acquisition, Management and Disposition Quinto M. Annibale Every aspect of this area of law is covered, including easements, highways, road closings, municipal tenders, industrial lands, municipal tax sales, environmental liability … and more. Value-added features make the research process more efficient and convenient, and include: tables and charts; appendices that provide useful precedents; completed forms, useful checklists, sample or model by-laws for drafting. Looseleaf & binder • $194 • Releases invoiced separately (1/yr) • P/C 0116030000 • ISBN 0-88804-428-3 t Ontario Property Tax Assessment Handbook, Second Edition Jack A. Walker, Q.C., and Jerry Grad This must-have resource provides a comprehensive guide to the principles of assessment of real property, the relationship between assessment and property tax and property tax itself. Gain insight into and guidelines for resolving daily tax assessment law issues. Looseleaf & binder • $148 • Releases invoiced separately (2/yr) • P/C 0418030000 • ISBN 0-88804-245-0 Ontario Planning Practice: Annotated Statutes and Regulations WeirFoulds LLP A practical, user-friendly resource, it provides: • the full text of the amended • • a concordance and legislative history Looseleaf & binders (2) • $234 • Releases invoiced separately (2/yr) • P/C 0433030000 Vol. 1/2 - ISBN 0-88804-081-4/-185-3 and relevant regulations and statutes • access to Ontario Municipal Board rules, regulations, practice directions and forms for severances, minor variances and subdivision plans i i many landowners may not be aware of the eff ect the bylaw could have on their properties. "I don't think that messaging really came through," she says, noting lawyers should be warning clients about the potentially detrimen- tal implications of the bylaw. In order to appeal the zoning to the Ontario Municipal Board, own- ers have to make a submission at a public meeting or submit their objections in writing prior to council's decision on the bylaw. For his part, Annibale notes the issue of legal non-conforming uses may be of particular concern. Municipal titles In some cases, existing bylaws have granted site-specifi c uses to properties that don't fi t with the surrounding area. But should the new rules designate a piece of land a legal non-conforming use instead, the result would be great- er restrictions on the landowner who now must seek approval for changes such as an addition to a house. People may not want the non-conforming use designation, which could be the basis for ap- peals, Annibale says. Already, Toronto's proposed bylaw has resulted in litigation as the Dream Team, an organiza- tion of people living with mental- health issues, challenges its provi- sions on supportive housing to the Human Rights Tribunal of Ontario. As Leisk notes, the har- monized rules would allow most existing uses and restrictions to continue, which in Toronto's case would include current bylaws mandating separation between group homes. Th e Human Rights Legal Support Centre is represent- ing the Dream Team in cases that also challenge similar restrictions in Kitchener and Smiths Falls, Ont. Th e group launched a chal- lenge in Sarnia, Ont., as well, but offi cials there have already agreed to amend the rules in response to the concerns. In Toronto, the separation rules range from 245 metres in the former city of Toronto to 800 metres in Etobicoke. "From an equality standpoint, any restric- tion that is arbitrary can be found to be discriminatory," says Kathy Laird, executive director of the le- gal support centre. Laird argues the issue is par- ticularly important given the shortage of supportive housing for people with disabilities. "It re- moves otherwise good sites from possible development or conver- sion," she says, adding organiza- tions proposing such facilities have to spend money on legal costs to fi ght the restrictions. "It's just that many fewer people that get to be housed." Laird adds that while the hu- man rights application is target- ing the three municipalities, similar restrictions are in place across the country. Th e City of Toronto solicitor handling the fi le declined to comment on the issue last week but noted the municipality will fi le its response by Aug. 13. In the meantime, Leisk hopes harmonization of the language in the zoning rules will at least make municipal and planning lawyers' work easier, particu- larly since they won't have to fi gure out which bylaw applies in which municipality. "I think that's the end goal," she says. Still, she notes there's more For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. LT0628 CA102 (LT 1-2x4).indd 1 www.lawtimesnews.com 6/23/10 11:01:59 AM work to do. Th e proposed bylaw, for example, leaves many areas blank. "Where there was contro- versy or it wouldn't conform to the offi cial plan, they left it out," says Leisk, who adds the next and more diffi cult step will be to deal with the substantive zoning stan- dards. "Th ey will still have to do that in order to conform to the offi cial plan." LT Planning Act Provincial Planning Policy Statement, Act 2005 V V i i s s o o t i t i f f o o y y u u l l r r J J w w n n e e b b e s e s i i u u r r a a

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