Law Times

PAGE 12 BY GLENN KAUTH Law Times HARMONIZED ZONING BYLAW RELAUNCHED The City of Toronto is once again taking a stab at implementing a comprehensive zoning bylaw. Earlier this month, the city released a draft bylaw that aims in large part to introduce a common language for describing land-use standards. But council repealed the bylaw after the city found itself facing 694 appeals at the Ontario Municipal Board. Calvin Lantz, a partner in the Toronto relaunches harmonized zoning bylaw ROUNDUP FOCUS fall under the former zoning rules. While some critics have something that will work. "It can be done, questioned the need for a har- monized bylaw, Lantz believes it' Freedoms, "it is a breach that is demonstrably justified in a free and democratic society under s. 1 of the Charter. s feasible to come up with viding appropriate notice to land- owners is key. In the meantime, he' those affected by the changes to make their views known during the consultation period that will precede a statutorily required public meeting. "It' s urging municipal group at Stikeman Elliott LLP, says the previous bylaw introduced definitions that would ultimately change the zon- ing status of some properties and thereby reduce their develop- ment potential and land value. So while the bylaw appeared to be relatively innocuous on the sur- face when it changed things such as the calculation of density to be on the basis of floor-space index rather than gross-floor area, the implications for property owners could be significant. The city' bylaw applying consistent stan- dards across the former munici- palities that amalgamated in 1998. Since then, local zoning bylaws have remained in place. A key issue relates to provi- s goal is to have a landowners who have an issue with the bylaw to get involved in the process early, s critical for those who fail to do so may lose their appeal rights at the OMB. " he says, noting MUNICIPAL EXCELLENCE AWARD Alan Cohen of Ottawa is the recipient of this year' Ottawa's Alan Cohen received the OBA Award of Excellence in Municipal Law this month. Association Award of Excellence in Municipal Law. Cohen has been practis- s Ontario Bar ing municipal, planning, and development law at Soloway Wright LLP since 1978. Besides his work with the firm, he' a part-time professor of munic- ipal and planning law at the University of Ottawa. The OBA' s also sions for transitioning develop- ment projects that were already in the pipeline. According to a paper authored by Lantz and colleague Jim Harbell, the draft bylaw includes provisions allow- ing applications deemed com- plete at the time of its passage to tion presented Cohen with the award during its annual dinner on June 5. s municipal law sec- BILINGUAL BYLAW STANDS The Township of Russell, Ont., has won the latest round in the court battle over bilingual signs. On June 15, the Ontario Court of Appeal dismissed the appeal of two opponents of the sign bylaw, Howard Galganov Serge Brisson. They had earlier lost a court application seeking to quash the bylaw that mandates French and English on commer- cial signs in the municipality out- side of Ottawa. The among other things, that Galganov doesn't have standing to challenge the bylaw since he doesn't reside, own property or operate a business in the town- ship; that the municipality has the jurisdiction to pass bylaws concerning language; and that, while the bilingual requirement breaches Brisson' appeal court found, dom of expression under s. 2(b) of the Charter of Rights and YOUR ESSENTIAL GUIDE TO HANDLING TREATY RIGHTS CASES ABORIGINAL & TREATY RIGHTS PRACTICE MARY LOCKE MACAULAY FOREWORD BY THE HONOURABLE IAN BINNIE, FORMER JUSTICE OF THE SUPREME COURT OF CANADA Find the authoritative guidance you need to handle treaty rights cases in this practical, easy-to-use resource. A necessity for anyone litigating Aboriginal cases, Aboriginal & Treaty Rights Practice consolidates, in one place, all the essential information for identifying the procedural and evidentiary issues unique to this subject area, and reviews how Canadian courts have applied the law. RECENT UPDATES INCLUDE • Parties – Intervenors – Added Party intervention in Aboriginal and Treaty Rights cases: Adams Lake Indian Band v. British Columbia (2011, B.C.C.A.) • Interlocutory Injunctions and Alternative Relief – Duty to Consult: The Alternative Framework – Evidence: Nlaka'Pamux Nation Tribal Council v. British Columbia (Environmental Assessment Office) (2011, B.C.C.A.) ONLINE ACCESS ON eREFERENCE Subscribe to Aboriginal & Treaty Rights Practice – Print + Online or Online Only – and get online access for an unlimited number of users at the same location. It's like getting unlimited copies for the price of one.* As part of the Carswell eReference Library®, the eReference looseleaf offers the convenience of seamlessly integrated updates and the efficiency of searching and tracking features. For more information visit www.carswell.com/ereference *Pricing is different for IP authentication users. s rights to free- and Jean- " he says, noting pro- did, problem in a way that minimally impairs freedom of expression," wrote Justice Karen Weiler in the appeal court' lished that it dealt with the v. Russell (Township). s ruling in Galganov TIME FOR STRONG-MAYOR SYSTEM? Should Ontario move towards a strong-mayor system? The question has arisen in recent months as Toronto Mayor Rob Ford has repeatedly butted heads with his city' Ford lost his battle with city coun- cillors over light-rail transit on Eglinton Avenue earlier this year. At the time, Ford was insisting on building the LRT line almost completely underground while rejecting arguments that putting a section of it at grade would save money for use on other projects. Ford lost that battle and an The issue first came up when s council. "In tailoring the bylaw as it the township has estab- " that the province, when it gave Toronto the ability to create execu- tive committees, also allowed itself the authority to impose one if the city didn't act on the new power. In other areas of the province, municipalities have the ability to create executive committees, but the provincial government can't force them to do so. What' Mascarin. As the previous council had endorsed various aspects of Transit City, the mayor couldn't simply nix the whole thing. Mascarin notes it's curious adds, is that Toronto city coun- cil could delegate direct bylaw- making powers to the executive committee but so far hasn't chosen to do that. A further wrinkle comes s also interesting, he June 25, 2012 • Law Times ensuing debate over whether to build LRT instead of subways in other parts of the city. In the meantime, his brother Doug, a fellow member of the municipal council, mused about the need for an American-style strong-mayor system that would grant him a veto over council votes. The mayor was cool to the idea at first, but when he lost another major vote over banning plastic bags earlier this month, he began to change his tune. "I only have one vote on council, AM640. "On issues like this, I think the mayor should have a little more power than one vote. I do represent three million people compared to some councillors that represent 60,000. We have to look at changing the act, and then I' " he said on d have to see whether I agree with it, because there's pros and cons." It may surprise some observers ORDER # 9240188 $273 1 volume looseleaf supplemented book + online access Anticipated upkeep cost – $202 per supplement 1-3 supplements per year Supplements invoiced separately 0-459-24018-8 AVAILABLE RISK-FREE FOR 30 DAYS Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order online at www.carswell.com Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. that issue when it created the City of Toronto Act. John Mascarin, a partner at Aird & Berlis LLP who practises in the areas of municipal and land-use planning law, notes the provincial government was advocating for beefed-up mayoral powers when it introduced the act that also gave Toronto additional ways of raising revenue. So far, however, the mayor that the mayor does have rela- tively little formal power when it comes to votes at council given the province' s goal of addressing still only has one vote at coun- cil. Where the act did have an effect was in the area of execu- tive committees. In Toronto, the mayor now has significant sway over the executive committee that makes appointments, thus giving him additional authority over the city in general. The limits on the mayor' powers meant Ford really had no Transit City LRT scheme dead shortly after he took office, says authority www.lawtimesnews.com to declare the s from case law. In Moin v. Blue Mountains (Town) in 2000, the Ontario Court of Appeal accepted that a reeve had created a bind- ing obligation on council when he verbally promised a landown- er that the municipality would rebuild a road that was key to a nearby development. The reeve made the statements at a council meeting with four other members of council present. After the road didn't go ahead as promised, the landowner sued over the losses. While the municipality argued the reeve's statements weren't bind- ing, the appeal court found oth- erwise. It found the court could hold the municipality liable for the reeve' appears to go against the notion that Ford' death of Transit City carried little to no weight. But Mascarin says Moin s statements, a ruling that s declarations about the involved "unusual circumstances" given that the four council mem- bers were present when the reeve promised the road but said noth- ing to contradict the statements. IS BAG BAN LEGAL? Immediately after Toronto city councillors voted to ban plastic bags next year, Ford immedi- ately began musing about court challenges to it. But Mascarin doesn't share Ford's views on the legality of the ban. "I beg to differ," he says in reference to Ford's com- ments. "The City of Toronto has very broad authority to do all sorts of things." Mascarin notes the city has the authority to pass bylaws related to environmental well-being, a notion upheld in relation to previ- ous court challenges of pesticide bans in Canada. "I would think that a plastic bag ban may very well fit within the confines of that section," he says. A key concern, according to Mascarin, may relate to the sud- denness of the ban and the lack of consultation prior to council' decision. He notes, however, that there' s in advance of an actual bylaw for- malizing the ban. "Did councillors pass this in bad faith?" he asks. "I'm not sure that they did. s still time for consultations " LT

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