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Futuristic digital city concept sketch
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MUNICIPAL AND LAND USE PLANNING LAW

Organizations building in today’s real estate and commercial development market need the assistance of a highly experienced and dedicated Municipal and Land Use Planning Law Firm with the know-how, resources and connections to successfully navigate the complex municipal approvals process.

McMillan’s Commercial Real Estate Group is a recognized leader in land use planning and development regulation law. Since 2003, we have consistently ranked as one of the Top 10 municipal law firms in Toronto and the GTA by Novae Res Urbis — a distinction that reflects McMillan’s client-focused approach, astute knowledge of Canadian and municipal zoning and planning laws, and success rate.

McMillan’s real estate team has extensive experience appearing before committees of adjustment, municipal councils and administrative tribunals, such as the Ontario Municipal Board, as well as all levels of court, including general division, provincial courts and courts of appeal. That is why our municipal and land use planning team is regularly sought out by a wide range of organizations, including corporate entities, developers, land and property owners, ratepayers, governments at all levels, religious organizations, and community and charitable groups.

McMillan’s experts in land use, planning and development regulation law are known for coordinating the submission of expert reports, architectural and engineering plans, surveys, draft agreements and other documentation; representing clients before administrative tribunals and the courts; negotiating and drafting settlement, servicing, development, section 37, and site plan approval agreements; liaising with government staff and local representatives; advising and representing clients in expropriation proceedings; assisting clients with heritage preservation matters; obtaining environmental approvals and assisting with brownfield redevelopments; advising and defending clients in safety code compliance matters; and representing clients on judicial review applications and planning appeals.

PLANNING AND DEVELOPMENT

Opportunities abound in commercial real estate development, but the most attractive real estate opportunity can be significantly devalued if not developed properly. Our national team of real estate lawyers deliver expert counsel throughout the commercial development planning process, including the due diligence phase. Our overriding goal is to help our real estate clients turn their property into profit while adhering to laws and regulations that govern land use planning and development across jurisdictions.

McMillan’s professionals help by negotiating with, and appearing before, government and public agencies, and public interest groups; providing advice on environmental and regulatory issues that may affect the use and development of real property, both brownfield and Greenfield; advising on heritage or architectural landmark preservation issues; ensuring safety code compliance; and counselling on environmental assessment, licensing and other development approval issues.

 

Primary Contacts

View All Contacts
Mary L. Flynn-Guglietti
Partner, Municipal, Land Use Planning & Development
Annik Forristal
Partner, Construction & Infrastructure | Municipal, Land Use Planning & Development

INSIGHTS (45 Posts)

Featured Insight

City of Toronto’s Current Municipal Comprehensive Review Process

An overview of the City of Toronto's current Municipal Comprehensive Review Process; Request for Employment Land Conversion under the City's Official Plan

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Jul 14, 2021
Featured Insight

Masters and Clergy – Is the Clergy “Principle” No More?

An overview of a recent Ontario Divisional Court decision which weighs in on the legal status of the Clergy Principle.

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Jul 7, 2021
Featured Insight

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

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Jun 30, 2021
Featured Insight

Striking a Balance Between Major Facility and Sensitive Land Use Developments: A Discussion of Ontario’s New Land Use Compatibility Guideline

The Ontario Ministry of the Environment, Conservation and Parks has published the Land Use Compatibility Guideline to establish land use compatibility policies

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Jun 30, 2021
Featured Insight

Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA

An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.

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Jun 25, 2021
Featured Insight

Land Use Compatibility, Odour Guidelines and More: Ontario Ministry of Environment, Conservation and Parks Announces Four New Proposals for 2021

The Ontario government has announced that it is moving forward with proposals for four new initiatives relating to the protection of Ontario's environment.

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Jun 21, 2021
Featured Insight

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

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Jun 17, 2021
Featured Insight

Ontario’s New Excess Soil Regulations – Construction Contract Implications

Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts

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May 5, 2021
Featured Insight

Emerging Competition & Data Privacy Issues for Real Estate Organizations

Changes to Canada’s privacy laws, developments with low-commission brokerages and changes to short-term rental regulations will impact real estate associations.

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Feb 2, 2021
Featured Insight

The Quick and Dirty on Ontario’s New Excess Soil Regulations

A concise summary of Ontario's new excess soil regulation (O.Reg 406/19) and key takeaways for affected parties.

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Jan 25, 2021
Featured Insight

Expropriation of Contaminated Land and its Fair Market Valuation

Expropriation of Contaminated Land and its Fair Market Valuation

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Oct 5, 2020
Featured Insight

Federal Government Accepts Ontario’s Emissions Performance Standards (EPS) Program for Regulation of Greenhouse Gas Emissions – Transition Dates to Come

Ontario Minister of Environment, Parks and Conservation announced that its Emissions Performance Standards (EPS) program has been accepted by federal government

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Sep 21, 2020
Featured Insight

Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

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Sep 10, 2020
Featured Insight

New Rules for Alberta’s Local Elections

Discussion of government of Alberta's Bill 29: Local Authorities Election Amendment Act, which came into force September 1, 2020

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Sep 10, 2020
Featured Insight

COVID-19: July 22nd Update on the Impacts to Development Applications and Hearings

Status update (July 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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Jul 22, 2020
Featured Insight

The LPAT and the New “Ontario Land Tribunals” Cluster

The New Ontario Land Tribunals Cluster and moving forward with hearings at the LPAT.

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Jul 6, 2020
Featured Insight

COVID-19: July 6th Update on the Impacts to Development Applications and Hearings

Status update (July 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing
applications, appeals, and municipal closures.

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Jul 6, 2020
Featured Insight

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

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Jun 11, 2020
Featured Insight

COVID-19: June 3rd Update on the Impacts to Development Applications and Hearings

Status update (June 3, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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Jun 3, 2020
Featured Insight

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

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Jun 1, 2020
Featured Insight

COVID-19: May 20th Update on the Impacts to Development Applications and Hearings

Status update (May 20, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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May 20, 2020
Featured Insight

COVID-19: May 6th Update on the Impacts to Development Applications and Hearings

Status update (May 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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May 6, 2020
Featured Insight

COVID-19: April 15th Update on the Impacts to Development Applications and Hearings

Status update (April 15, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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Apr 15, 2020
Featured Insight

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

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Apr 8, 2020
Featured Insight

The Impact of COVID-19 on Agribusiness – Business and Legal Considerations

In addition to the adverse impact to public health and the public healthcare system, the COVID-19 pandemic is causing severe economic hardship to western Canada.

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Apr 7, 2020
Featured Insight

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

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Apr 3, 2020
Featured Insight

COVID-19: What is the Impact on Development Applications and Hearings?

Status update re: the land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.

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Mar 23, 2020
Featured Insight

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

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Feb 27, 2020
Featured Insight

Province Announces Major Changes to the Rules Governing Land Development

The Ontario Government announced on Thursday, May 2, 2019 that there will again be significant changes to the Planning Act and other development-related legislation through its “More Homes, More Choices: Ontario’s Housing Supply Action Plan.”

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May 2, 2019
Featured Insight

Alberta Court of Appeal Dismisses Property Tax Appeal: Municipalities are Not Secured Creditors for Taxes Assessed on Pipelines, Wells and Other Linear Property

The Alberta Court of Appeal has dismissed an appeal brought by three municipalities (the "Municipalities") seeking status as secured creditors entitled to special priority for payment of linear property taxes.

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Mar 14, 2019
Featured Insight

Ontario Premier to Set Precedent Invoking Notwithstanding Clause

Superior Court Justice Edward Belobaba made a finding of unconstitutionality and struck down the provisions of the provincial Better Local Government Act, 2018

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Sep 12, 2018
Featured Insight

Ford-ward Looking at the Impacts of the Better Local Government Act, 2018

Jul 30, 2018, the Premier of Ontario tabled draft legislation to bring changes into effect to significantly reduce the number of wards in the City of Toronto.

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Aug 1, 2018
Featured Insight

Ontario Premier Doug Ford Intends to Cut Toronto City Wards from 47 to 25 for 2018 Municipal Election

Jul 30, 2018, the Premier of Ontario tabled draft legislation to bring changes into effect to significantly reduce the number of wards in the City of Toronto.

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Jul 27, 2018
Featured Insight

New Regulations Add Detail to the Construction Lien Amendment Act

Construction Lien Act changes including the introduction of a prompt payment regime, adjudication, existing holdback, lien preservation and perfection periods, bonding, and trust provisions

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Apr 27, 2018
Featured Insight

Think twice before obtaining a labour and material payment bond – new liability for an old security

Filing away procured labour and material payment bonds without taking proactive steps to notify claimants of the bond's existence exposes owners to claims from unpaid subcontractors

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Mar 26, 2018
Featured Insight

Out with the old and in with the new: transitioning from Ontario’s old Construction Lien Act to the new Construction Act

An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.

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Feb 14, 2018
Featured Insight

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

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Sep 8, 2017
Featured Insight

Province of Ontario Announces Major Reforms to the Land Use Planning Appeal Process

Province of Ontario Announces Major Reforms to the Land Use Planning Appeal Process

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May 16, 2017
Featured Insight

Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?

Federal Jurisdiction in Municipal Matters: What Happens When the Provinces or Municipalities Step on Federal Toes?

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Mar 13, 2017
Featured Insight

What to Expect from Toronto’s Local Appeal Body – Knowns and Unknowns

What to Expect from Toronto's Local Appeal Body – Knowns and Unknowns

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Feb 21, 2017
Featured Insight

Proposed Amendments Could Shake Up Vancouver’s Short-Term Rental Market

Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market

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Oct 17, 2016
Featured Insight

Updated – Bill 73: Smart Growth for Our Communities Act, 2015

Updated - Bill 73: Smart Growth for Our Communities Act, 2015

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Jan 18, 2016
Featured Insight

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

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Jul 18, 2015
Featured Insight

Bill 73: Smart Growth for Our Communities Act, 2015

Bill 73: Smart Growth for Our Communities Act, 2015

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Jun 18, 2015