Blog

Blog

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

SHARE:

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

Read the full post, click here.

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

SHARE:

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...

Read the full post, click here.

28 Oct

Injunction Granted to Hotel to Enforce Noise By-Law

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

SHARE:

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...

Read the full post, click here.

9 Oct

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

SHARE:

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...

Read the full post, click here.

22 Aug

Cottage Country Access Lessons

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

SHARE:

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...

Read the full post, click here.

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

SHARE:

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...

Read the full post, click here.

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

SHARE:

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

Read the full post, click here.

17 Aug

Pokemon “No!”

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

SHARE:

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... 

Read the full post, click here.

Subscribe Now