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City of Toronto New Comprehensive Zoning By-Law an Update
We last reported on the City's progress respecting a new
zoning bylaw in our June 2011 issue of the Real Estate & Urban
Development @ Gowlings newsletter. At that time, amidst
considerable objection, confusion and political turmoil over the
new Zoning Bylaw (Bylaw 1156-2010 - the "Bylaw"),
the City's administration was in the throes of repealing
the Bylaw. As reported at that time, City Council did repeal
the Bylaw on May 18, 2011, and further directed its planning staff
to re-engage the public and attempt to resolve some of the more
than 600 objections to the Bylaw towards bringing forward a less
complex Bylaw but one that maintains the same format and structure,
for potential adoption in 2012.
Case Comment: Teal Cedar Products Ltd. v. British Columbia
(Ministry of Forests)
Expropriation cases are rarely argued at the Supreme Court of
Canada.1 In July of 2012, the Supreme Court of Canada
granted leave to appeal to Her Majesty the Queen in right of the
Province of British Columbia's application in Teal Cedar
Products Ltd. v. British Columbia (Ministry of Forests) ("Teal
Cedar"). This case will likely be heard in 2013.
British Columbia raised two issues at the Court of Appeal,
stating that the lower court judge erred:
In ordering that Teal is entitled to compensation for losses
incurred during the period between the creation of the park in July
1995 and the reduction in its allowable annual cut in April 1999;
and
failing to quash the award of compound
interest.2
Commercial Leases in Québec (Part 1 of 2)
While there are many similarities between civil law in
Québec and common law jurisdictions when it comes to the
rules that apply to commercial leases, there are also a number of
differences. This article discusses some of the main
discrepancies.
The Civil Code of Québec (the
"CCQ") offers much more protection to
the tenants, but most of these protections are routinely contracted
out of by the parties.
Footnotes
1 In 2011, only one expropriation case was argued: Smith
v. Alliance Pipeline, 2011 SCC 7; in 2012, the appeal of Antrim
Truck Centre v. MTO, 2011 ONCA 419 will be heard in November
2012.
2 Teal Cedar Products Ltd. v. British Columbia (Ministry
of Forests), 2012 BCCA 70 at para. 13.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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When purchasing a home, the purchaser should be aware that the doctrine of "Caveat Emptor" or "let the buyer beware" generally applies to the sale of a property.
Roof repairs. Asbestos removal. Window replacements. When a British Columbia landlord faces repairs or renovations in a rental building, the decision to evict an existing tenant to conduct the repairs or renovations can be difficult.
The Ministry of Infrastructure for the Province of Ontario issued a consultation paper entitled "Revitalizing Forfeited Corporate Property" in October 2012, setting out a wide variety of possible changes to the existing system governing the forfeiture, disposition, management and sale of property of dissolved corporations in Ontario.
Following a recent case, the Ontario Superior Court of Justice released "Parsons Precast Inc. v. Sbrissa", another decision involving a landlord and tenant fighting over the cost of parking lot work.
