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
Some municipal zoning restrictions are intended to address local planning needs for commercial and residential purposes, while other...
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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
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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Injunction Granted to Hotel to Enforce Noise By-Law
Wednesday, October 28, 2020James R.G. CookLitigation, Municipal LawEnvironmental Protection Act, Municipal Act
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 Tire, 2020 ONSC 6198 (CanLII), a hotel in...
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Township's Prescriptive Easement Upheld by Court of Appeal
Friday, October 9, 2020James R.G. CookMunicipal Law, LitigationLand Registry, Ontario Court of Appeal, Land Title Act
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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Cottage Country Access Lessons
Tuesday, August 22, 2017James R.G. CookLitigation, Municipal Law, Land Titles Act, Land Use Regulation
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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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
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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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
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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Pokemon “No!”
Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal Code, LitigationGeneral Interest, Technology, Mobile Phones
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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