Annual Law Review

NRU RECOGNIZES THE TOP-10 GTHA DEVELOPMENT LAW FIRMS IN ITS 21ST ANNUAL REVIEW. SEE PAGE 8

WEDNESDAY, GREATER TORONTO DECEMBER 18, 2019 HAPPY HOLIDAYS! Vol. 22 NRU IS NOT PUBLISHING NEXT WEEK, BUT & HAMILTON AREA No. 50 WILL BACK THURSDAY, JANUARY 2, 2020.

CONNECTING NIAGARA REGION ON-DEMAND TRANSIT

Rachael Williams

iagara Region is joining “The deployment of on- This “corner-to-corner lead Cheryl Selig. “It’s important the ranks of municipalities demand was really a recognition technology” ensures that there for people to be able to access N that are testing on- collectively that our smaller are efficiencies in the service the jobs and services, whether demand transit in low-density and more rural municipalities delivery, allowing drivers to it’s to get to the hospital or any areas underserved by public need to have the same level pick up several people along of the other services that are not transportation. of connectivity to the rest of a continuum and prevent necessarily available in their local Regional staff are in the midst Niagara and to higher-order unnecessary detours that come communities.” of negotiations with municipal transit as those living in some with traditional ride-sharing And Selig explained that since partners in Niagara West on the of the more dense areas of programs like Uber or Lyft. these rural areas are located in implementation of an on-demand say, St. Catharines or Niagara “Niagara does have lots of settlement areas, hamlets, or in transit pilot program that would Falls,” said Niagara Region’s GO people moving between the protected greenbelt lands, there enable inter-municipal transit Implementation Office director municipalities, whether it’s to will never be higher densities service throughout the area. The Matt Robinson. access jobs and/or to access built in those areas to support pilot program, which will be The integrated services model services, which has been a transit infrastructure. operated by Via Mobility LLC, would allow residents to use an barrier for people not to have “We have lots of small would include Grimsby, Lincoln, app on their smartphones to transit,” said Niagara Region’s GO pockets of residential that will

West Lincoln, Pelham and alert a driver that they wish to Implementation Office planning CONTINUED PAGE 5 Wainfleet and potentially Crystal be picked up and would indicate Beach and Sherkston. their desired destinations. The The preferred model of choice, vehicle, from a fleet of custom- Rendering of the Brightwater project, which would add close to 3,000 residential an integrated services model, branded Mercedes vans that units to the Port Credit area. See story page 2. SOURCE: PORT CREDIT WEST VILLAGE PARTNERS would remove jurisdictional can hold up to 10 people, would ARCHITECT: GIANNONE PETRICONE ARCHITECTS / CORE ARCHITECTS barriers and permit seamless then pick the passenger up near trips between any destinations a main intersection (roughly in Niagara West. It would also 100-200 metres average walking permit trips between Niagara distance) and drop them off in West and the region’s major transit areas where there is already a fixed hubs, including the St. Catharines public transit route. At that point, Bus Terminal, the Welland Bus residents would be expected to Terminal, and Port Colborne City use existing local transit to arrive Hall. at their final destinations. NEW PORT CREDIT COMMUNITY UPCOMING DATES

DECEMBER 18 Aurora Public Planning Committee, 7:00 p.m. FROM BROWNFIELD Durham Region Council, 9:30 a.m.

19 York Region Council, 9:00 a.m. JANUARY TO BRIGHTWATER 6 Brock Committee of the Whole, 9:30 a.m.

Clarington General Government Committee 9:30 a.m. Rob Jowett 9 Peel Region Council, 9:30 a.m. 13 Ajax Community Affairs & new development near Kilmer Group, Dream, and walking distance of their Planning Committee, 7:00 p.m. Port Credit, Mississauga FRAM + Slokker. homes, versus having to get in Brampton Planning & would return a previously Construction of the entire their car and drive to Cawthra Development Committee, A 7:00 p.m. contaminated brownfield site to site is projected to take about [Road], where the closest Clarington Planning & the city, transforming it with a eight years and will occur in community centre is located. Development Committee, 7:00 p.m. large mixed-use community. a phased manner. Currently, [There will be] shops… school, Port Credit West Village Port Credit West Village housing. And I think having King Council / Committee of the Whole, 6:00 p.m. Partners is proposing a large Partners is seeking site plan this site at their doorstep in an

Mississauga Planning & mixed-use development on approval for the first phase innovative way makes it a city- Development Committee, a 29.14-hectare site at 70 of its project, which would building exercise.” 1:30 p.m. Mississauga Road South. The include 220 condominium The site would see the Newmarket Committee of the Whole, 12:30 p.m. master-planned project, known units, 10,000-square metres tallest buildings concentrated

Oakville Planning & as Brightwater, would include of commercial space, and 170 in the southern portion of the Development Council, 7:00 p.m. several buildings between townhouse units. Construction site, grouped together to form Oshawa Development Services two and 29-storeys high with of that phase is scheduled to a central campus. A central Committee, 9:30 a.m. around 2,450 condominium begin in 2021. The final phase promenade would run through Pickering Planning & units, 150 rental units, around of the project would involve the middle of the site from Development Committee, 7:00 p.m. 400 townhouse units, 150 construction of the waterfront Lakeshore Road West. The

Scugog General Purpose & affordable rental units. The park. western side of the site would Administration Committee, project also includes around “The huge is advantage be developed as townhouses, 1:30 p.m. 24,000-square metres of is that it’s a clean site,” and the eastern side would 14 Aurora General Committee, 7:00 p.m. commercial and office space, DiamondCorp president and include both townhouses and and 10,000-square metres of chief operating officerBob community space. The largest Halton Hills Planning, Public Works & Transportation retail space. It also includes Blazevski told NRU. “It creates park is planned to run along the Committee, 3:00 p.m. 7.28-hectares of parkland and a sense of community… and waterfront, and smaller park Hamilton Planning Committee, six new public streets. Port it provides amenities that [the areas are planned throughout 9:30 a.m. Credit West Village Partners local community does not] the site. is a consortium of developers currently have. For example… “We were very supportive that includes DiamondCorp, community space within CONTINUED PAGE 6

NRU PUBLISHING STAFF NRU PUBLISHING INC

Ian A.R. Graham, Publisher Rob Jowett Jeff Payette SALES/SUBSCRIPTIONS Novae Res Urbis Greater Editorial Office Billings Department [email protected] Reporter Design/Layout [email protected] Toronto & Hamilton Area 26 Soho Street, Suite 330 NRU Publishing Inc. [email protected] [email protected] is published 50 times a Toronto, ON M5T 1Z7 PO Box 19595 Manulife PO, Annual subscription rate is Irena Kohn, Editor year and is not to be Tel: 416.260.1304 Toronto, ON M4W 3T9 $409 +HST (ON). [email protected] Peter Pantalone Samantha Lum redistributed without the Fax: 416.979.2707 Planning Researcher Sales and Circulation Complimentary trial written consent of the ISSN 1918-7548 [email protected] [email protected] subscriptions are available. publisher.

Advertising rates available upon request. WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 2 EXCESS SOILS REGULATIONS BENEFICIAL RE-USE

Rob Jowett

he provincial government will restrict the deposit of clean Turning that concept around site grading, or for site has introduced new excess soil at landfill sites when [and] saying ‘how is excess rehabilitation. The regulations T regulations which are it can be beneficially reused soil a resource and how do also set out requirements about intended to make the reuse [elsewhere]. This will reduce we resource manage the how different qualities of soil of excess soils easier while the amount of soil being sent to excess soil?’ provides a whole can be used, using the quality reducing illegal dumping landfill.” different framework, and an framework established in the operations. Currently, excess soil is opportunity,” says Vaccaro. “In Rules for Soil Management and TheEnvironment, classified as a waste product of that context, developers can Excess Soil Quality Standards, Conservation, and Parks development sites and is usually look at what’s being pulled out which was introduced by the Ministry is making changes to sent to landfills for disposal. of the ground as part of the Environment, Conservation and the Environmental Protection Members of the development development process, they can Parks ministry in November. Act to clarify when and where industry, and the construction test it, they can document it, The ministry’s requirements excess soils can be reused, and industry in particular, have they can categorize it, and then for brownfield sites are being to help businesses plan the most been seeking a new regulatory they can find a reuse for that loosened as well. Records of efficient ways of reusing them. framework that would allow resource.” site condition will no longer The changes also introduce an the excess soil extracted from The parts of the regulations be required in some cases, excess soil tracking mechanism construction sites to be reused that will come into force in July such as on sites where the to ensure that contaminated soil on other sites as fill, rather 2020 are specific to soil reuse. contamination is already well is disposed of properly and to than developers having always Soil excavated using passive understood and where the place restrictions on landfilling to find new soil for fill on new aeration, passive dewatering, proposed redevelopment is clean soil that would be more development sites. Around two mechanical dewatering, considered a low-risk use. suitable for sensitive areas. The million tonnes of excess soil are mixing, soil turning, size-based The second phase of the new regulations will come into currently landfilled annually in sorting, and debris sorting soil regulations will come into force in a phased manner, with Ontario. will not be classified as a waste force January 1, 2022, and the first ones taking effect July “Excess soil is a resource, product. Contaminated soil concern the tracking, testing, 1, 2020. and not a waste,” Ontario will be classified as a waste and registration of excess soils. “The changes clarify Home Builders Association unless a Qualified Person as At that time, most excess soil when excess soil will be (OHBA) chief executive officer defined by theEnvironmental will be required to have a notice designated as waste and when Joe Vaccaro told NRU. OHBA Protection Act is retained by filed with a public registry it will not,” Environment, supported the ministry in its the development site project managed by the ministry. That Conservation, and Parks announcement of the new manager for an excavation notice will need to include Ministry spokesperson Gary regulations. Vaccaro says the site and can provide written a description of the project Wheeler told NRU. “Excess regulations will reduce the time procedures clarifying to how where the soil’s site of origin soil that is being appropriately and costs of dealing with excess the soil may be reused safely. is coming from, a description reused for a beneficial purpose soils, savings that can then be The regulations set a of the project area, contact will not be considered waste. passed on to landowners and requirement that development information for the project These changes will also replace homebuyers. sites accepting excess soils are leader at the site of origin, and low-risk waste-related approvals “The old system treated using the soil for beneficial information about the soil with regulatory rules ensuring excess soils as a waste product reuse, such as for backfilling itself and its intended reuse. appropriate management, and to be dumped into a landfill. for excavation, to modify CONTINUED PAGE 4

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 3 soil is registered, tracked, and say… ‘typically, I can only take BENEFICIAL reused responsibly. a table one soil [as defined in “The biggest thing I would part 15.1 of the Environmental be concerned about is that Protection Act], but I run the RE-USE the regulations… have teeth,” [tool] and put all my inputs into GEOSOLV president Mark the [tool] and it’s telling me that CONTINUED FROM PAGE 3 Tigchelaar told NRU. “If they I can accept concentrations of Some projects, such as those have had to create excess don’t put the resources [into] certain contaminants to a little generating a small amount of soil restrictions to stop following through and being bit of a higher level than the fill or sending contaminated unscrupulous operators from able to properly monitor things, generic standards are telling me fill directly to a waste disposal dumping soil with unknown things are still going to fall that I can.” site, would be exempt from this characteristics on their fields. through the cracks. So there’s Walsom says that the registration requirement. “When [developers are] been stories about situations tool would allow for minor “It was a bit of a hodgepodge bidding a job, if [they receive] where soil’s been dumped on amendments to what type of of people [not knowing] what a low-priced bid, then that farmer’s fields and then it turns soil is allowed on sites, and was and wasn’t allowed or how low price basically comes out it’s all [contaminated]. So would not provide substantially to treat their soil,” SoilFLO down to how far [away] and those are the kinds of situations different allowances than the president Kevin Goldberg told what is your fill site,” says the industry’s trying to avoid.” Rules for Soil Management and NRU. “So the first thing that Goldberg. “So everything that The new regulations also Excess Soil Quality Standards. this is going to do is it’s going to an excavator does is based on a establish a site-specific tool For example, some sites have give clarity to the municipalities cubic metre of soil. And… the to determine what kind of higher-than-normal amounts and jurisdictional areas [as] to price of [that cubic metre] is excess soil can be used as fill. of clay between the surface and how they are able to operate and based on how far they have to What soil is allowed where is the groundwater, meaning that how they are able to basically travel to get rid of it and how defined in the Rules for Soil those sites could accommodate monitor the fill that’s coming much it costs them to dump Management and Excess Soil higher levels of contamination into their municipalities safely.” it. And everything else is the Quality Standards introduced without affecting the water Goldberg says the same—the same price of diesel in November, but the ministry supply. registration will make reusing for their excavators, the same has also created the Site-Specific The final phase of the soil more efficient, as it will cost of labour, everything else Beneficial Reuse Assessment regulations will concern facilitate communication is the same. So their ability to Tool, a resource which allows restrictions on landfilling clean between those working on win [in the bidding process for site owners to quickly and easily soil, unless the soil is needed construction projects removing development projects] comes determine whether specific soil for landfill operations. These fill and those seeking it. This down to [the proximity of] their can be used on a specific site. restrictions, which will come will be especially important for dump site [to the site of origin].” “[If] you want to set up a into force January 1, 2025, developments with sensitive Goldberg adds that receiving site [for excavated are intended to ensure clean uses, such as agricultural, while there are not a lot of soils], and you want to be able soil is available for sensitive which will be seeking a higher excavators who engage in illegal to accept soil that’s above and sites like agricultural areas quality of soil than general operations, until now, the lack beyond the very, very stringent and schools, and that it is development sites. of clear regulations and strong soil standards, you can use the not wasted. Grandfathering Goldberg says the enforcement mechanisms made [Beneficial Reuse Assessment] provisions on permitted uses registration process will also unscrupulous excavators more tool to identify whether or will be applicable from January enable the province to stop financially competitive than not you [have site-specific 1, 2020 to January 1, 2026, to illegal dumping operations honest operators. Registration conditions that permit you to] ensure existing contracts can be by being able to track where of excess soils makes project accept certain contaminants at honoured. soil is coming from and managers, who are either higher levels than the generic where it is supposed to go. the landowner or someone standards,” XCG Consultants Many municipalities, such beholden to the landowner, partner Grant Walsom told as Hamilton and Clarington, responsible for ensuring that NRU. “It will allow somebody to

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 4 “In addition to providing communities, some of which on-demand service, they’re are deploying community ON-DEMAND starting to think about how you transportation services or on- could reimagine what currently demand transit services. is a fairly low-density region into “We have many rural TRANSIT something that’s more transit communities and they need oriented,” said Siemiatycki. these kinds of alternatives so CONTINUED FROM PAGE 1 Niagara Region is developing that they can continue to have never have high density and so for municipalities pursuing secondary plans for the areas a high quality of life,” noted delivering [transit] service ... an on-demand transit model surrounding its existing and Kim. “We also have an aging is really difficult in those rural is cost. For example, when planned GO stations in Grimsby, population and so we should be low-density areas. That’s why Innisfil partnered with Uber St. Catharines, Niagara Falls thinking about ways in which we’ve never had transit in West to offer subsidized ride hailing and Beamsville to accommodate we can be creative in our service Niagara before and why we trips rather than paying for a planned population and delivery to make sure that we’re think on-demand is the right public bus system, it became so employment growth. Selig serving these communities.” solution, because then we’re popular among residents that explained that the on-demand The region is in the midst of responsive to where people the town spent $1.2 million on transit service will provide negotiating with municipalities, live, because they might not transit subsidies, well above the first mile / last mile solutions who need to sign on as partners all live on a dedicated [transit] $900,000 that was budgeted for to ensure residents across the before the pilot project can move corridor,” she said. the ride hailing trips. region will be able to access forward. Armstrong said the Niagara Region is one of a Unlike the ‘per-trip’ pricing higher-order transit, which advantage of pooling resources handful of municipalities that model of Innisfil’s partnership will provide much-needed would be a higher level of have moved towards on-demand with Uber, the on-demand connections to regional and service delivered for riders transit service. Sault Ste. Marie ‘s model proposed by Niagara municipal services. without the need of coordinating microtransit technology allows operates on a fixed hourly rate “I think that really, this travel across multiple systems. user to order buses on demand within a fixed budget. Should is just another one of those Municipalities without through a smartphone app on the demand increase to a point implementation pieces that an existing transit budget Sunday nights when ridership where it outpaces the capacity come out of land use plans would require a net new has historically been low on of the service, the region can that are in place that’s giving impact on their tax levy, while the existing fixed route buses. either decrease service quality or people mobility options and municipalities with existing Belleville has also partnered can seek additional funding to making sure we have complete transit service (Pelham and with Toronto startup company deploy additional vehicles. communities where everybody Lincoln) would reallocate Pantonium Inc., which uses an While the Innisfil model has connections to all of our those transit dollars into the autonomous intelligent routing had some costing challenges, services and communities in a integrated service model in algorithm to turn a traditional University of Toronto geography region that’s very spread out,” hopes of increasing ridership, fixed route transit service into and planning associate professor she said. which Robinson predicts will be one that responds and allocates Matti Siemiatycki credited the Pembina Institute’s Ontario upwards of 250 people per day. vehicles according to rider town for considering land use regional director Carolyn Kim The region has approved a demand in real time, without planning in association with told NRU that on-demand budget of $7.9 million towards a any human intervention. transit upgrades. Innisfil has transit models are an effective strategic two-year intermunicipal Since the inception of the new recently unveiled a new master way for municipalities to assess transit investment strategy. A smart technology in September plan for The Orbit - a new where their transit needs are and general levy of 1.3 per cent has 2018, ridership in Belleville has community that will house up to to build ridership to facilitate also been approved in the region’s increased by 300 per cent, while 150,000 people centred around expansion opportunities. 2020 budget. the per vehicle mileage for buses the future Innisfil GO station, In looking at the municipal has decreased by 30 per cent. planned to be constructed as recipients of the provincial Rachael Williams wrote this story Pantonium marketing part of Metrolinx’s ongoing gas tax funding since 2016, on assignment for NRU. director Luke Mellor told NRU expansion of their regional Kim noted that many new one of the biggest concerns network. recipients of gas tax are smaller

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 5 The site was previously an developers who would want FROM BROWN- Imperial Oil refinery, which to take on the project. They operated from 1932 to 1972 and were unable to find a partner was sold to the development at the time due to the high FIELD TO consortium in 2016. The site level of site contamination. has sat vacant since around Imperial Oil sold the site 1990, when Imperial Oil to Port Credit West Village BRIGHTWATER looked to the market for CONTINUED PAGE 7

CONTINUED FROM PAGE 2 of the application. There’s that back into the fabric of the really something for everyone community in a sensitive way,” in the community,” City of says Phillips. “Also the mixture Mississauga official plan review of residential units—we worked manager Ben Phillips told hard with the developer and NRU. Prior to his current role, the community to ensure that Phillips was a planner assigned there’s a broad range of housing to the Brightwater file. types and forms… [like] more “You’re bringing 72-acres of traditional townhouses, stacked what was contaminated land townhouses that are a little in the heart of Port Credit and more dense, mid-rise, high-rise, really, in the heart of the city’s [and] you have some live-work waterfront—you’re weaving units along Lakeshore Road.”

Clockwise from top right:

Master plan for Brightwater, iden- tifying major areas in the site.

SOURCE: PORT CREDIT WEST VILLAGE PARTNERS ARCHITECT: GIANNONE PETRICONE ARCHITECTS

Renderings of the Brightwater project, which would add close to 3,000 residential units to the Port Credit area.

SOURCE: PORT CREDIT WEST VILLAGE PARTNERS ARCHITECT: GIANNONE PETRICONE ARCHITECTS / CORE ARCHITECTS

Phase one of the Brightwater project will include 220 condominium units and 170 townhouse units along with 10,000-square metres of commercial space.

SOURCE: PORT CREDIT WEST VILLAGE PARTNERS ARCHITECT: GIANNONE PETRICONE ARCHITECTS

Location of the 29.14-hectare site for Brightwater, Port Credit West Village Partners’ proposed mixed-use community.

SOURCE: PORT CREDIT WEST VILLAGE PARTNERS ARCHITECT: GIANNONE PETRICONE ARCHITECTS

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 6 1 councillor Stephen Dasko have been retained for the FROM BROWN- told NRU. “It’s the first time in design of the campus hub. 100 years that we’ve had clear Urban Strategies has been ground there, and as well, the retained as the lead planner. FIELD TO fact that it was cleaned up without cost to the taxpayer… [is] important.” BRIGHTWATER Dasko says the development

CONTINUED FROM PAGE 6 will provide several benefits to the area, including providing Partners in 2016 following a legacy issues from a site that a diverse mix of housing types competitive bidding process to was previously developed… and new commercial areas, determine which companies [and] understanding and the possibility of using would be best positioned to what the development of geothermal energy to heat successfully remediate the site. possibilities are, taking back the site. He says community Kilmer Brownfield, which is those characteristics and members are generally part of Kilmer Group, led the marrying them with the supportive of the project, but substantial remediation of the best development plan. And have expressed some concern brownfield site, taking on the so, that’s something that about how the development full cost of that work. Inspiration Port Credit failed to could turn out. The area is subject to a do, but that’s something that… “The concerns that we city-created master plan, [we were able] to come up with, hear is ‘density’, and I’m very Inspiration Port Credit, which a solution that really addresses sensitive to that as well,” says sets a guiding development that and also respects what we Dasko. “[But] it’s going to add vision for both this site and think the community wanted.” to the fabric of the community.” one nearby at 1 Port Street Blazevski says respecting Giannone Petricone East. The master plan sought a the neighbouring community Associates was the architect development that could balance was an important consideration for the master plan. Phase one increased density with respect for the project. The site is of the development will be for existing adjacent low-rise flanked by the Cranberry designed by Turner Fleisher communities while maximizing Cove community to the west Architects, Diamond Schmitt natural, environmental and and Port Credit heritage Architects, and Superkül, as water-related features of community to the east. well as Giannone Petricone the site. Kilmer Brownfield Lakeshore Road is a local Associates. COBE Architects president David Harper told road with low and mid-rise NRU that the consortium used commercial uses. Phillips says the remediation work as a residents were concerned both basis for shaping the overall about construction impacts development. For example, and the effects of the overall removing the contaminated development, but adds that the soil allowed all the parking consortium has been successful The Town of Aurora is currently seeking a Secretary/Treasurer to Committee to be provided below-grade, in siting the height and density of Adjustment/Assistant Planner. making more land available for away from those communities If you are interested in the Secretary/Treasurer to Committee of Adjustment/Assistant Planner position, please click here to review parkland dedication. and providing a transition in the posting details. “What… [we did] is height from the central campus. The application deadline is December 20, 2019. marry the development with “The community that’s the site conditions,” says coming in, I think, is going Harper. “You’re picking up to be an exciting one,” Ward

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 7 21ST ANNUAL GTHA RANKINGS TOP-10 DEVELOPMENT LAW FIRMS

Peter Pantalone

he results are in, and the cultural heritage protections, the Tribunal works to clear a Aird & Berlis emerges as the top following pages reveal the mandate of conservation backlog of appeals. achiever after a stellar year that T NRU’s much-anticipated authorities, development The decisions considered saw significant wins for both ranking of top-10 planning charges calculations, in this year’s law review its private and public-sector and development law firms endangered species act policies, generally concerned smaller, clients across the GTHA. The of 2019, based on an analysis environmental assessment local and site-specific matters; firm surpassed the competition of Local Planning Appeal requirements—nary a planning compared to recent years, this year both in terms of overall Tribunal (LPAT) decisions issue was not touched by Bill there were fewer landmark case volume, and in successful issued between July 2018 and 108. decisions having broad policy outcomes. For client City June 2019. Interestingly, the True to form, the planning implications. However, major Park Homes, Aird & Berlis names of the firms that ranked and development community hearings are looming for 2020, secured approvals for new infill in this year’s top-10 are identical quickly mobilized to make sense including the Glen Abbey Golf developments in Mississauga to those who ranked last year, of what this new regime would Course redevelopment appeals, (5155 Mississauga Rd.) and although most have shifted to a mean for public and private which could have far-reaching Markham (7 Town Crier Ln.) new place in the rankings. planning processes. Notably, implications that redefine how that faced local opposition over In the 2018 law review, while Bill 108 maintains the municipalities plan for infill issues of fit and compatibility NRU reflected on a tumultuous LPAT name, it reverts back urban growth and conserve with existing, established year in which the planning and substantially to the legal and cultural heritage. neighbourhoods. development community was procedural frameworks that NRU congratulates this Other notable victories just beginning to come to terms governed the former Ontario year’s top law firms on a job well include securing settlements with the implications of the Bill Municipal Board. Against this done and wishes all a happy for a tri-tower development at 139 planning regime. Then, with chaotic backdrop, the Tribunal holiday, a joyous new year, and a Yonge and Carrville Road in the election of Premier Doug has kept calm and carried on, successful 2020. Richmond Hill and for an infill Ford’s Conservative majority continuing to hear appeals on a 10-storey rental building in government, many saw the range of planning issues, large midtown Oakville (297 Queens writing on the wall that further, and small. Ave.), as well as settling on 1 [4] Aird & Berlis radical changes to Ontario’s In this year’s law review behalf of a local resident with planning system were looming. reporting window, roughly Solicitors: Meaghan Barrett, respect to the reconstruction Bill 108, the More Homes, the same volume of decisions Maggie Bassani, (Monica of the Aurora United Church, More Choice Act, 2019, was were considered as in last Ciriello), Eileen Costello, Laura destroyed by a fire in 2014. announced in early 2019—to year’s. This could indicate Dean, (Robert Doumani), the chagrin of some and the that the Tribunal’s pace of Patricia Foran, Ajay Gajaria, Cases: Representing First delight of others—an omnibus hearing and ruling on appeals Tom Halinski, Patrick Capital Holdings (PL171234 – bill amending 13 pieces of reached somewhat of a plateau. Harrington, Matthew Helfand, Neligan, Costello); representing existing legislation pertaining However, the recent surge in the Rebecca Hines, Kim Kovar, Halton Region (PL170848 to land use planning, with the Tribunal’s membership—with Leo Longo, John Mascarin, – Doumani); representing premise of accelerating the 29 of its 30 positions having David Neligan, Jane Pepino, Orlando Corporation construction of more diverse been filled as of the date of this Andrea Skinner, Sidonia (PL141189) (Longo, Neligan); and more affordable forms year’s law review—may lead to Tomasella, Peter Van Loan, representing King Township of housing across Ontario. an increased pace of decision Christopher Williams and (PL180853 – Halinski) (S);

Land use planning appeals, issuance in the near future as Steven Zakem. CONTINUED PAGE 9

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 8 Corporation (DC140020 wished to expand her facility – Longo); representing but was opposed by a neighbour 2018 LAW Plaza Imports (PL180816 – concerned that the expansion Harrington); representing WAM would attract predatory animals REVIEW Green LP (Zakem, Neligan) (X); to the vicinity. The firm also representing Loblaw Properties represented a developer and

CONTINUED FROM PAGE 8 (PL180854 – Harrington) (S); secured a settlement for a 345- representing Stephen Aghaei unit subdivision in Richmond representing City Park (Old – Harrington); representing (PL180829 – Barrett) (√); and Hill (Part of Lot 30, Concession Barger) Homes (PL180042 Lindvest (PL171467 – Foran) representing York Region 2, E.Y.S.) that will protect on-site – Longo) (S); representing (S); representing 7553 Condo Corp 820, Perlane Provincially Significant Wetland King Township (PL120903 Islington Holdings (PL170151 Construction and Lee Sand and and Woodland features. – Halinski) (√); representing – Harrington); representing Gravel (PL180002 – Harrington) Granite Real Estate, Granite multiple appellants (PL180073 (√). Cases: Representing Yonge REIT and Magna International – Foran); representing Green Lane GP (PL170154 – (PL140839 – Skinner, Zakem); King Township (PL180323 Rosenthal) (S); representing representing Rodeo Homes – Halinski); representing Roybridge Holdings (PL171198 2 [2] Davies Howe LLP Richmond Hill (PL171283 – BK Prime Ontario 1 LP – Melling) (X); representing Longo) (S); representing King (PL180499 – Harrington); Solicitors: John Alati, (Isaiah Laurier Harbour (Keele) Township (PL170998 – Halinski, representing IMH Queens Banach), Kimberly Beckman, (PL170640 – Platt, Kadri, Hines, Ciriello); representing (PL180396 – Foran, Bassani) Jamie Cole, (Jeffrey Davies), McDermid) (S); representing Fieldgate Developments (S); representing King Township Mark Flowers, Kyle Gossen, Gatehollow Estates (PL170836 – (PL171032 – Harrington); (PL161246 – Halinski) (X); Nadia Kadri, Ava Kanner, Melling, Keating); representing representing 9681 Yonge representing Pine Valley (Marisa Keating), Samantha Tesmar Holdings, H&L Tile, Developments (PL170619 – Enclave (PL171348 – Longo); Lampert, Alex Lusty, Andy Ledbury Investments and Neligan); representing East representing King Township Margaritis, Meaghan Ivanhoe Cambridge (PL140839 Valley Farms and Con Seven (PL160763 – Halinski) (X); McDermid, Michael Melling, – Flowers, McDermid, Alati) Developments (PL170051 representing Halton Region and Aaron Platt, Susan Rosenthal, (S); representing Hurontario – Skinner); representing Argo (Joshua Creek) (PL170731 Christopher Sivry and Daniel Office Centre (PL171169 – Halton Region (PL170735 – Doumani, Harrington) Steinberg. Melling, Lusty); representing – Doumani); representing (S); representing multiple 2471330 Ontario Ltd. and City Park (Town Crier) appellants (PL140743 – Foran, Davies Howe holds steady in the 2471331 Ontario Ltd. (PL171298 Homes (PL180100 – Longo, Skinner, Costello, Tomasella, penultimate spot, demonstrating – Alati) (√); representing Harrington) (√); representing Longo); representing Shimvest excellence in all facets of Montanaro Estates (PL171200 King Township (PL180116 – Investments, Prato Estates and planning and municipal law. – Rosenthal) (S); representing Halinski); representing 2473330 Preserve Homes (PL180272 The firm achieved a significant Claremont Development Ontario and Pantheon Group – Foran) (S); representing victory on behalf of Amacon Corporation (PL171210 – Alati, (PL170781 – Harrington, King Township (PL171272 Development with respect Lusty); representing Sol-Mar Foran) (√); representing – Halinski); representing to its appeal of Peel Region’s Inc. (PL111184 – McDermid); Antonio Masonsong (PL170912 2366885 Ontario (PL171333 new development charge by- representing Islamic Shia – Foran) (√); representing – Harrington); representing law (no. 46-2015), where it Ithna-Asheri Jamaat of multiple appellants (PL171450 CPC II Management (PL180300 successfully challenged the Toronto (PL171236 – Flowers); – Neligan, Costello, Barrett); – Neligan); representing region’s allocation of growth representing Queensville representing King Township Goldenville Development costs between residential and Properties Development (PL170869 – Halinski); (PL170724 – Halinski) non-residential development. Corporation (PL171431 representing Binbrook (S); representing Bolton Davies Howe successfully – Rosenthal, Margaritis) Heritage Inc. (PL170981 – Option 3 Landowners Group represented the proponent of a (S); representing CGIV Zakem); representing CP (PL170058 – Harrington, Georgina wildlife rehabilitation Developments (PL171206 –

REIT Properties (PL170817 Barrett); representing Orlando centre (87 Routley Ave.) who CONTINUED PAGE 10

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 9 The firm also secured representing Pala Builders 2018 LAW settlements for a Vaughan (PL180253 – DeMelo); townhouse development near representing Ornstock Maple GO station (2057 Major Developments (MM170066 – REVIEW Mackenzie Dr.) organized Kagan, Jennings); representing around a designated heritage Martillac Estates (PL180831 – CONTINUED FROM PAGE 9 dwelling, and for a 212-unit Kagan); representing Dogliola infill townhouse development Developments (PL180073 – Alati, Margaritis); representing Digram Developments on a former school site in Kagan, Jennings); representing Romandale Farms (PL170781 (PL180292 – Flowers); Oshawa (250 Harmony Rd. S.). National Homes (Plains – Melling, McDermid) (X); representing multiple appellants Road) (PL180446 – Kagan); representing Gail Myfanwy (PL170058 – Melling, Cases: Representing Block representing 2042843 Ontario Lenters (PL180325 – Melling, McDermid); representing 47-1 and 47-2 Landowners (PL170522 – DeMelo, Jennings) Lusty) (√); representing Amacon Development Groups (PL141189 – Kagan, (√); representing National Bowmanville East Developers (DC140020 – Rosenthal); Jennings); representing Hatpin Homes (Brant) (PL180331 – Group (PL170817 – Flowers); representing 2583252 Ontario Developments (PL171487 – Kagan); representing multiple representing Sarno Holdings Ltd. (PL171492 – Melling) DeMelo); representing Format appellants (PL140743 – Kagan); (PL170151 – McDermid); (√); representing York Region Group (PL171169 – Kagan, representing The Times Group representing SO Developments Condo Corp 1161 (PL171096 Jennings); representing Corp. (PL180368 – Kagan, (PL180364 – McDermid, – Melling) (√); representing Pickering Developments Jennings); representing Block Melling); representing multiple Jay Yerama-Wafer (PL180770 (PL151270 – Kagan) (X); 47-1 and 47-2 Landowners appellants (PL180073 – Platt, – McDermid); representing representing City of Mississauga Groups (PL180276 – Kagan, Flowers, Alati); representing Midvale Estates and 2117969 (PL171219 – DeMelo) (X); Jennings); representing Laurier Harbour (Keele) Ontario Ltd. (PL180341 – representing 2640174 Ontario multiple appellants (DC140020 (PL170643 – Platt); representing Alati, Margaritis); representing Inc. (PL170305 – DeMelo) – DeMelo); representing Erindale Village Living Unipetro Investments (S); representing Charlieville Flintshire Building Group (PL171203 – Platt); representing (PL171373 – Melling); Developments (PL171423 – (PL170607 – DeMelo, ClubLink (PL171084 – Flowers, and representing Amacon Kagan, Jennings); representing Jennings) (√); representing The Gossen, Lampert); representing Development (DC150017 – Harmony Taylor Developments Waterfront Shores Corporation Earlglen Investments Rosenthal, Banach). (PL171248 – Kagan, (PL170742 – Kagan, Jennings); (PL051273 – Melling, Lampert) Jennings) (S); representing representing Emilio Russo (S); representing 2404099 Block 10 Thornhill Woods (PL171444 – DeMelo, Ontario (PL180244 – Platt, 3 [4] Kagan Shastri Development Group (PL171236 Jennings); representing Peel Kadri); representing Daniels – De Gasperis); representing Region (DC150017 – DeMelo) HR Corporation (PL180262 Solicitors: Ira Kagan, Kristie Martillac Estates (PL170735 – (X); representing City of – Flowers); representing Jennings and Paul DeMelo. Kagan); representing Trustees Brampton (PL180527 – Ellen and Tara McCarthy of Aurora United Church DeMelo) (X); and representing (PL160763 – Melling, Kadri) The dynamic trio at Kagan (PL170912 – Kagan, Jennings) Mimata Investments (PL180260 (√); representing Chelten Shastri rounds out our top-three (S); representing Block 18 – DeMelo) (S). Developments (PL180373 after another year of impressive Landowners Group and Block – Platt, Kadri); representing results across the GTHA. 18 Properties (PL160978 – De multiple appellants (PL140743 Among the firm’s most notable Gasperis) (S); representing 4 [1] WeirFoulds – Rosenthal, Melling, wins this year is an approval Municipality of Clarington McDermid); representing for residential development (PL170817 – DeMelo); Solicitors: Denise Baker, Dorsay Residential on the former Castlemore representing Municipality Lia Boritz, John Buhlman, Developments (PL180368 Golf & Country Club lands in of Clarington (PL171390 (Michael Connell) Jeff Cowan, – McDermid); representing Brampton, which was opposed – DeMelo); representing Bruce Engell, Aisling Flarity, 658109 Ontario (PL180594 by the City and a group of well- Municipality of Clarington Sean Foran, Raj Kehar, Barnet – Margaritis); representing organized ratepayers. (PL180249 – DeMelo) (S); CONTINUED PAGE 11

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 10 Wong); representing Sonoma to construct a nine-storey Homes (PL180175 – Baker); development (17 Main St. & 10 2018 LAW representing Port Credit West Baldwin St.). Village Partners (PL180196 – The firm also settled REVIEW Baker); representing Embee on behalf of Astra Capital Angus and Centre City Capital Properties with respect to

CONTINUED FROM PAGE 10 (PL171100 – Baker, Engell) its appeal of Mississauga’s (S); representing Sonoma adoption of official plan and Kussner, Michael McQuaid, – Kussner); representing City Homes (PL161240 – Baker) zoning by-law amendments Gregory Richards, Sylvain of Brampton (PL141189 – (√); representing City of for the Sheridan Park Rouleau, Christopher Tzekas Kussner); representing Town of Brampton (PL180276 – Corporate Centre, and settled and (Victor Wong). Oakville (PL171222 – Baker) Kussner); representing Town with Niagara Escarpment (X); representing Harmony on of Richmond Hill (PL180724 Commission on behalf of a WeirFoulds moves down a few Twenty Properties (PL171243 – – Baker) (√); representing developer seeking to amend places in this year’s rankings as a Baker); representing Sammani Michael Sullivan and Maggie a prior approval by adding result of a lower volume of cases 786 Inc. (PL171270 – Baker) DiPede-Sullivan (PL180554 – an additional storey on a new than last year, however this is (√); representing City of Baker); representing Coastal building (467 Charlton Ave. E.). not to say that the firm was not Vaughan (PL170836 – Baker); Land Development (PL180711 kept busy with a range of large representing Picov Holdings – Tzekas) (√); representing Cases: Representing ADMNS and small appeals for a diverse and Picov Cattle (PL151270 City of Hamilton (PL170742 Brampton Investment body of clients. In perhaps its –Baker, Kussner, Connell) (√); – Kussner); representing Corporation (PL180053 – most significant appeal this representing City of Vaughan Richmond Hill (PL171444 Toumanians); representing year, WeirFoulds successfully (PL170558 – Engell) (S); – Baker); and representing Astra Canada Properties represented Picov Holdings representing Country Green Silverwood Homes (PL171179 – (PL160562 – Toumanians) (et al) with respect to appeals Homes (PL171184 – McQuaid); McQuaid). (S); representing Graydon by a rival gaming operator representing City of Vaughan Banning (PL170735 – Snider); against the Town of Ajax’s (Engell) (S); representing Town representing Penta Properties approval of Picov’s development of Richmond Hill (PL170619 – and Upper Centennial 5 [8] Turkstra Mazza applications to permit an Engell, Kussner); representing Developments (PL170991 – expansion of the existing Ajax 1151390 Ontario and Halloway Solicitors: John Anthony Toumanians); representing Downs Racetrack. The approval Developments (PL170051 Cleworth, Shelley Kaufman, Kennedy Road Owners Group was upheld. – Connell); representing Paul Mazza, Jennifer Meader, (PL171246 – Snider, Kaufman); WeirFoulds also won or Losani Homes (PL170991 – Nancy Smith, Scott Snider, representing multiple settled a handful of Hamilton- Baker, Rouleau); representing Anna Toumanians and appellants (PL171450 – Snider, based appeals, including a win Hamilton-Halton Homebuilders Herman Turkstra. Toumanians, Smith, Meader); for a nine-storey apartment Association (PL171450 – representing 1559306 Ontario building in Ancaster opposed Baker, Flarity); representing Hamilton-based Turkstra Mazza (PL170817 – Toumanians); by the City (1117 Garner Rd. E.) multiple appellants (PL170817 continues its upward ascent representing J.A.N. Group and a win obtaining a dismissal – Rouleau); representing City of in our rankings, reflecting an (PL171383 – Toumanians); of an appeal against its client’s Vaughan (PL170151 – Baker); increasing caseload across representing Vincent and consent and minor variance representing City of Vaughan the GTHA and consistently Maria Commisso (PL161121 applications for a three-lot (PL160481 – Engell) (S); strong results for its clients. – Smith) (√); representing severance in Hamilton Beach representing Samer Ayouth In a high-profile victory, the multiple appellants (PL171393 (271 Beach Blvd.). (PL180200 – Baker) (√); firm represented both theCity – Toumanians); representing representing City of Vaughan of Hamilton and developer Losani Homes (PL171388 Cases: Representing Green Lane (PL180073 – Kussner); Centurion (Dundas) Holdings – Meader); representing Landowners Group (PL170154 representing Fairway Hills in an appeal by a cohort of Hodero Holdings (PL180499 – Baker); representing Loblaw Community Association citizens against Hamilton’s – Snider); representing 489376

Companies Limited (PL171234 (PL171084 – Baker, Engell, approval of Centurion’s proposal CONTINUED PAGE 12

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 11 Loopstra Nixon demonstrates Preserve Thornhill Woods another strong showing Association (PL171236 2018 LAW in this year’s rankings. In – Annibale, Ruddick); December, 2018, the firm representing City of Markham REVIEW achieved a settlement on (PL180100 – Ruddick) (√); behalf of Rutherford Land representing Bushland Heights

CONTINUED FROM PAGE 11 Development Corporation Ltd. (PL180116 – Ferri); for three high-rise towers in representing City of Markham Ontario Ltd. (PL180612 – representing Hak Chung and the context of its appeals of (PL170781 – Joblin) (√); Meader) (√); representing Mikyung Kang (PL180919 – the new Vaughan Official Plan representing City of Markham Centurion (Dundas) Toumanians) (√); representing and Vaughan Mills Centre (PL180004 – Ferri) (√); Holdings (PL160066 – Snider, John deFaveri (PL180921 – Secondary Plan. Loopstra Nixon representing Via-Ru Ltd. and Toumanians) (√); representing Toumanians) (S); representing also successfully represented Bushland Heights (PL170868 Parkside Hills (PL171131 Red Hill Cannabis (PL180818 the City of Markham in several – Ferri); representing multiple – Snider, Toumanians); – Toumanians); representing separate appeal proceedings, appellants (PL170817 – Ferri); representing Television Harbour West Neighbours and successfully represented an representing Capital Build City Hamilton (PL180255 – Inc. (PL170742 – Snider); appellant seeking an expansion (Keele) (PL160481 – Ferri) (S); Smith); representing Bressa representing John Downey of its aggregate storage yard representing Giuseppe and Developments (PL170731 (PL160237 – Toumanians) and transfer station, which was Carmela Serafino (PL171393 – Snider, Meader) (S); (S); representing Paletta opposed by King Township. – Pace); representing 8787867 representing Ruonan Yang International Corp. (PL171500 Ontario Ltd. (PL180508 – (PL180563 – Meader) (X); – Snider, Toumanians); Cases: Representing Dufferin Ferri) (S); representing City representing Berczy Glen representing Durham Region Aggregates (PL171487- Ferri); of Mississauga (PL171203 – Landowners Group (PL140743 Homes Builders Association representing Rutherford Land Annibale, Joblin); representing – Meader); representing Aryeh (DC180020 – Meader); and Development Corporation City of Mississauga (PL170994 Construction (PL180368 representing Tyler Gosse (PL140839 – Annibale, – Ruddick) (X); representing – Meader); representing (PL180500 – Meader) (√). Ruddick) (S); representing City of Pickering (PL171171 Tony Raposo (PL180766 – Bushland Heights (PL170998 – Annibale); representing Meader) (√); representing – Ferri); representing City 632025 Ontario Ltd. (PL180323 Farm Del Monte (PL180695 of Pickering (PL171210 – Annibale, Ruddick); 6 [7] Loopstra Nixon – Meader) (S); representing – Annibale, Ruddick); representing Medallion 467 Charlton Avenue Inc. Solicitors: Quinto Annibale, representing Rutherford Land Developments (PL171389 (PL180858 – Toumanians) Joseph Cortellucci, Steven Development Corporation – Annibale, Ruddick); (S); representing Mattamy Ferri, Mark Joblin, (Emily Pace), (PL111184 – Annibale, representing City of Mississauga (PL170219 – Toumanians) (S); Brendan Ruddick and (Cindy Yi). Cortellucci); representing CONTINUED PAGE 13

MUNICIPAL, PLANNING & DEVELOPMENT LAW Guelph 65 Queen St. W., #1400, Toronto | www.woodbull.ca Urban Design

2020 AWARDS

Celebrating excellence in urban design.

Wood Bull LLP is pleased to Deadline for submissions: March 2, 2020. Winners will be announced in September 2020. welcome our new associate Aaria Rahim to our team.

Submissions now open. [email protected] | 416-203-7573 guelph.ca/urbandesignawards

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 12

Ketcheson); representing Ideal Developments for a Town of Whitby (PL171134 multi-tower development in 2018 LAW – Kapelos) (X); representing Unionville (28 Main St.) and City of Vaughan (PL160481 successfully represented a REVIEW – Lidakis) (S); representing builder whose consent and Town of Whitchurch-Stouffville variance applications for a site

CONTINUED FROM PAGE 12 (PL171393 – Ketcheson); in Mississauga’s Lorne Park representing City of Hamilton neighbourhood (1190-1200 (PL171120 – Ruddick) (X); et al to expand the Ajax Downs (PL171389 – Biggart); Lorne Park Rd.) were appealed representing City of Mississauga gaming facility, and represented representing City of Hamilton by an adjacent homeowner. (PL180196 – Annibale, Joblin); Town of Whitby in settling (PL180175 – Biggart); representing 1186675 Ontario with numerous appellants of the representing Tony di Benedetto Cases: Representing Sundial Ltd. (PL161246 – Annibale, Werden’s Plan Neighbourhood (PL171357 – Biggart, Kapelos); Homes (PL170154 – Howe); Ferri) (√); representing City Heritage Conservation District. representing Zancor Homes representing Ontario Lottery of Markham (PL140842 – (PL170058 – Biggart, Hart); and Gaming Commission Ruddick) (S); representing Cases: Representing Town of representing Town of Whitby (PL151270 – Andres); City of Markham (PL180563 East Gwillimbury (PL170154 (MM170064 – Biggart) (S); representing multiple appellants – Joblin) (√); representing – Ketcheson) (S); representing representing City of Burlington (PL170619 – Andres); Bolton North Hill Landowners Town of Oakville (PL140317 (PL180721 – Biggart); representing AMA Development Group (PL170058 – Annibale, – Biggart) (S); representing representing City of Hamilton Corporation (PL170051 – Ferri); representing Southwest City of Vaughan (PL171487 – (PL171179 – Biggart); and Pobjoy); representing Triple Georgetown Landowners Lidakis); representing City of representing Town of Ajax Crown Line Developments (PL170219 – Joblin, Annibale) Vaughan (PL170836 – Lidakis); (DC180020). (PL180037 – Bronskill, Laskin); (S); and representing Brock representing Town of Ajax representing Dufferin Vistas Township (PL180770 – (PL151270 – Biggart) (√); (PL160978 – Bronskill, Laskin) Annibale). representing City of Vaughan 8 [9] Goodmans (S); representing Town of (PL170305 – Lidakis) (S); Oakville (PL170666 – Lyons) representing City of Vaughan Solicitors: Ian Andres, Anne (S); representing 1834375 (PL170558 – Lidakis) (S); Benedetti, David Bronskill, Tom Ontario (PL171117 – Bronskill) 7 [5] Ritchie Ketcheson Hart representing Mansions of Friedland, Matthew Lakatos- (S); representing Town of & Biggart King (PL170998 – Ketcheson); Hayward, Joseph Hoffman, Oakville (PL171084 – Howe); representing Orangeville Roslyn Houser, Robert Howe, representing David Shorey Solicitors: R. Andrew Biggart, Railway Development Max Laskin, Allan Leibel, (PL180130 – Andres) (S); John R. Hart, Christina Corporation (PL171032 – Catherine Lyons, (Elliot Pobjoy) representing 9265988 Canada Kapelos, (Effie Lidakis),Bruce C. Biggart); representing City and Mark Noskiewicz. Corp. and 9183183 Canada Ketcheson and John C. Ritchie of Vaughan (PL170960 – Goodmans moves up a spot Corp. (PL171285 – Laskin); Lidakis); representing Town in this year’s rankings after representing Forest Bay Homes As in previous years, Ritchie of Whitchurch-Stouffville achieving favourable outcomes (PL180244 – Benedetti); Ketcheson Hart & Biggart (PL171493 – Kapelos) (S); in a number of lengthy and representing Trillium Health acts mainly on behalf of representing Mansions of complex appeals. The firm Partners (PL180262 – Lyons); municipalities with respect to King (PL180116 – Ketcheson); obtained a settlement for representing Nerview appeals of private development representing Town of Georgina developer Dufferin Vistas in its Investments and Taka Poisha applications, as well as (PL180325 – Ketcheson) (√); appeal concerning a residential Inc. (PL171120 – Bronskill) municipally initiated planning representing City of Markham subdivision (230 Grand Trunk (√); representing Evelyn instruments. This year, the (PL170580 – Ketcheson); Ave.) that was opposed by Charters (PL180311 – Laskin) firm successfully represented representing City of Hamilton Friends of the Grand Trunk (S); representing Onepiece the Town of Ajax in appeals (PL170981 – Kapelos); Ravine, a local residents group. Ideal Developments (PL140842 against the Town’s approval of representing Fairhaven Goodmans also secured – Bronskill) (S); representing applications by Picov Holdings Investments (PL170817 – a settlement for Onepiece CONTINUED PAGE 14

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 13 Borden Ladner Gervais wraps Cases: Representing Joe and 2018 LAW up another busy year at the Franca Leo (PL180426 – Tribunal representing a mix Fairbrother) (√); representing of private and public-sector City of Vaughan (PL140839 REVIEW clients. The firm represented – Coburn) (S); representing the City of Vaughan in City of Vaughan (PL170305 – CONTINUED FROM PAGE 13 numerous proceedings, Patterson) (S); representing York securing settlements of appeals Region (PL111184 – Patterson); multiple appellants (PL140743 of its new Official Plan and representing City of Vaughan – Lyons); representing 4005 the Vaughan Mills Centre (PL171236 – Patterson); Hickory Drive Ltd. (PL171205 – 9 [6] Borden Ladner Gervais Secondary Plan, and settling on representing City of Vaughan Bronskill, Laskin); representing several development proposals (PL160978 – Patterson, Morley) King Ridge Developments Solicitors: Andrew Baker, Katie including 230 Grand Trunk (S); representing Richard and (PL171272 – Bronskill); Butler, Liviu Cananu, F.F. Ave., 1890 Highway 7, and 2057 Susan Deacon and Normandale representing Format Group (Rick) Coburn, Lee English, Major Mackenzie Drive. Community Residents Advocacy (PL180649 – Andres) (√); (Kate Fairbrother), Simon The firm continues to (PL170580 – Tang, Morley); representing BILD (DC140020 Fung, (Sean Gosnell), Barbora represent Halton Region in representing City of Vaughan – Howe); representing Reserve Grochalova, Gabrielle Kramer, a major appeal by ClubLink (PL160819 – Patterson) (X); Properties (PL180721 – Julie Lesage, Piper Morley, for the redevelopment of Glen representing Halton Region Hoffman); and representing (Meagan Patry), J. Pitman Abbey Golf Course and appeals (PL180831 – Tang, Baker); North Pickering Community Patterson, Frank Sperduti, of several related planning representing City of Vaughan Management (PL180647 – Isaac Tang, Stephen Waqué and instruments initiated by the (PL171117 – Coburn) (S); Bronskill) (S). Robert Wood. Town of Oakville. CONTINUED PAGE 15 FOR SALE TRANSIT-ORIENTED, HIGH DENSITY DEVELOPMENT OPPORTUNITY 3168 HURONTARIO STREET, MISSISSAUGA • 3.18 acres of land • Located adjacent to the Cooksville GO Train station and upcoming Hurontario LRT • 5 min drive to Square One & other major amenities • Frontages on Hurontario, Hillcrest Avenue and upcoming John Street extension • Potential to mass approx. 1,000,000 SF *ARTIST’S RENDERING of density on site (7.22 FSI)

CONTACT: CLICK FOR BROCHURE DAN ROGERS** JEFF LEVER* RENE SERIN* SENIOR VICE PRESIDENT ASSOCIATE VICE PRESIDENT VICE PRESIDENT 416 359 2352 416 359 2492 905 501 6434 [email protected] [email protected] [email protected]

©2019 CUSHMAN & WAKEFIELD ULC, BROKERAGE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IS MADE TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED HEREIN, AND SAME IS SUBMITTED SUBJECT TO ERRORS, OMISSIONS, CHANGE OF PRICE, RENTAL OR OTHER CONDITIONS, WITHDRAWAL WITHOUT NOTICE, AND TO ANY SPECIAL LISTING CONDITIONS IMPOSED BY THE PROPERTY OWNER(S). AS APPLICABLE, WE MAKE NO REPRESENTATION AS TO THE CONDITION OF THE PROPERTY (OR PROPERTIES) IN QUESTION. SALES REPRESENTATIVE* BROKER**

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 14 Sky-Cawthra Developments, the firm helped secure a 2018 LAW settlement for a townhouse 10 [10] Overland development in Mississauga after its client’s appeal (3105 REVIEW Solicitors: Daniel Artenosi, Cawthra Rd.) was consolidated Natalie Ast, Michael Cara, with an adjacent developer’s CONTINUED FROM PAGE 14 Christopher Tanzola and Brad related appeal. Teichman. representing York Region Ontario (PL170607 – Tang) (PL171393 – Patterson); (X); representing City of Cases: Representing Caveze Overland retains its spot representing Halton Region Vaughan (PL180665 – Patterson, Investments (PL141189 in our top-10, with several (PL171084 – Tang, Lesage); Fairbrother); representing – Artenosi); representing notable wins and settlements representing Halton Region 1583618 Ontario and Wilstar Sky-Cawthra Development captured in this year’s law (PL180499 – Tang); representing Management (PL180816 – (PL170479 – Teichman, review reporting window. The Gil, Maria and Malvina Scholyar Patterson); representing Byron Tanzola) (S); representing firm successfully represented (PL180163 – Tang, Lesage); Management (MM170064 – Centra (BT1) (PL170960 – developer Brooklin Meadows in representing York Region Baker) (S); representing Halton Artenosi, Cara); representing a contested hearing with respect (LC100032 – Sperduti, Morley) Region (PL171500 – Tang); Sorbara./ L&M GP (PL171493 to its appeal for a townhouse (√); representing Boltcol and representing York Region – Tanzola) (S); representing development in Whitby’s South Holdings (PL170058 – (LC160004 – Fairbrother). Larencore Holdings (PL171403 Brooklin neighbourhood Morley), representing Halton – Artenosi); representing (NE corner of Baldwin St. & Region (PL170219 – Tang) Excelsior Financial Group Carnwith Dr.). Representing (S); representing 2585426 CONTINUED PAGE 16 FOR SALE HIGH DENSITY RESIDENTIAL REDEVELOPMENT SITE 1150 MARKHAM ROAD, TORONTO • Site area of approx. 1.41 acres • Mixed-Use OP designation supports high- density residential redevelopment • Dual frontages along Markham Road & Ellesmere Road • Close proximity to Highway 401 for GTA accessibility • Located 2.0 km east of the McCowen Subway Station *ARTIST’S RENDERING

CONTACT: CLICK FOR BROCHURE DAN ROGERS** JEFF LEVER* SENIOR VICE PRESIDENT ASSOCIATE VICE PRESIDENT 416 359 2352 416 359 2492 [email protected] [email protected]

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 15 THE NEXT 10 FIRMS… Harcourt; 18 (TIE) [19] Wood 2018 LAW Bull; 19 [N/A] Devine Park; 20 11 [14] Gardiner Roberts; 12 [16] Horosko Planning Law. [13] Cassels Brock; 13 [11] REVIEW McMillan; 14 [17] Municipal Law Chambers; 15 [N/A] CONTINUED FROM PAGE 15 Parente, Borean; 16 [N/A] Donnelly Law; 17 (TIE) [12] (PL170817 – Artenosi, Cara); Prabhoot Kawara, Baljinder Thomson Rogers; 17 (TIE) representing Excelsior Financial and Harjinder Soor, Klaas [N/A] McCarthy Tétrault; 18 Group (PL180249 – Artenosi, Jacobus and Anna DeRooy and (TIE) [N/A] Osler, Hoskin & Cara) (S); representing 2522272 Maddelena Riccio (PL170679 – Ontario (PL171444 – Artenosi, Artenosi); representing 1428420 Cara); representing Brooklin Ontario (PL170650 – Artenosi) Meadows (PL171134 – Tanzola) (S); representing Simin Gheflati- (√); representing Highview Manjili (PL180814 – Cara) (√); Global Resolutions is Building Corp (PL170602 representing Alireza Nabati pleased to announce – Tanzola); representing and Iraj Nabizadeh (PL180724 Sky-Cawthra Developments – Artenosi, Cara) (√); and (PL180336 – Tanzola); representing 2522772 Ontario representing Jaspreet and (PL171444 – Artenosi, Cara).

METHODOLOGY The listings—Lawyers that are part of the planning and development law team Our end of year tradition at NRU in each of the top-10 ranked firms are James McKenzie examines the legal side of planning and noted. Names in parentheses indicate has joined its panel. development in the GTHA, primarily lawyers that were with a particular firm focusing on cases that came before the but left during NRU’s 2018/19 reporting James is known for his professionalism, Local Planning Appeal Tribunal and window. pragmatism and skill in resolving complex were reported in the GTHA edition of multi-party disputes. NRU between August 1, 2018 and July The client, LPAT case number, and 31, 2019. relevant lawyer is noted for each His areas of expertise include: contributing case. In cases that involved Land Use Development How the information is collected—NRU an LPAT decision were there was a Expropriation/Land Valuation tracked each of the law firms mentioned clear winner, loser or settlement, the Development Charges in the GTHA edition of NRU over a appropriate symbol (√) or (X) or (S) Environmental and Natural Resource one-year period. Then we determined follows the case description. If there Conservation/Heritage Designation the firms most frequently mentioned was no clear win/loss/settlement, or Development Cost-sharing and sorted through their projects and the matter involved a prehearing or was Infrastructure and Building hearings. Some firms were involved in still ongoing by July, 2019, no symbol Aggregate Resource a variety of developments across the appears. A square bracket after this Community Benefits GTHA, while others have particular year’s ranking indicates the firm’s Municipal Governance associations to major clients. placement in last year’s NRU ranking. To book James for a mediation call 416-964-7497

Determining the top 10—Balancing the Email us your LPAT decisions to ensure or e-mail [email protected]. number and complexity of appeals, the that they are covered in NRU and diversity of issues, and the success of thus included in the 22nd annual GTHA outcomes is NRU’s most difficult task. rankings to be published in December This does not account for cases we do 2020. not know about. Hence, there is some degree of subjectivity in the ranking.

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 16 IN BRIEF

LPAT NEWS Hamilton LRT off the rails cancellation Monday morning. The provincial Conservative Mulroney declined to make public the calculations that show WHITCHURCH-STOUFFVILLE Stewart (Williams & Stewart government cancelled City of Hamilton’s Light Rail Transit the discrepancy between the CONSENT AND VARIANCES Associates) and land use (LRT) project Monday citing Liberal and the Conservatives’ planner Maria Gatzios (Gatzios AUTHORIZED billions of dollars in cost cost estimates, but Premier Planning & Development overruns. Doug Ford acknowledged in a In a December 5 decision, Consultants) provided evidence Transportation minister radio interview on AM 640 (CFMJ) LPAT member Laurie Bruce on behalf of Fairpark, in support Caroline Mulroney said in an Monday that the Conservatives allowed appeals by Fairpark of the appeals. The witnesses emailed statement that “for are including operating costs in Homes against the Town testified that the proposal many years, members of the their calculations. former Liberal government… A section of the City of of Whitchurch-Stouffville represents compatible, infill were not upfront about the true Hamilton’s website called Committee of Adjustment’s intensification in an already- cost of the Hamilton Light Rail “Frequently Asked LRT built-up area of the town. The (COA) refusal of its consent and Transit project.” According to Questions” notes that new dwellings will fit in with minor variance applications for her statement: “It is clear that “Metrolinx is responsible for 118 and 132 William Street. the existing streetscape and the the previous Liberal government the construction and long term Fairpark proposes a larger homes will be consistent misled the people of Hamilton maintenance costs [of the LRT] severance to create five lots from with the architectural character and all Ontarians when they while the City will be responsible the existing two, and to build of the neighbourhood. positioned the LRT as a $1-billion for the day to day operating costs single detached dwellings on One neighbour, Shelly project.” once the LRT is in service.” Mulroney’s statement claims each new lot. Although Town Tackaberry-Mogdon, attended that the estimated cost of the Headwaters Tourism to cease staff had recommended the the hearing in opposition to the project is in reality closer to $5.5 operation proposal. She opined that the applications be approved, they billion. Mulroney stated that the After 25 years of providing new lots will be too small and were denied by the COA. province will honour its $1-billion tourism services on behalf The Town did not will thus have an adverse impact capital commitment to invest of businesses and municipal participate in the appeals, as on the streetscape aesthetic. in transportation infrastructure partners in Dufferin County, town council had previously The Tribunal agreed with in the city and will create a Town of Caledon and Town of passed a resolution that staff and adopted Stewart and Hamilton Transportation Task Erin, Headwaters Tourism will be would not participate, subject Gatzios’ uncontroverted expert Force. shutting down its operations. In Mulroney was scheduled to a press release, chair Bill Gillam to the satisfaction of several evidence and allowed the make the public announcement said “Headwaters Tourism served conditions. Among the Town’s appeals, in part, authorizing the at 2:30 p.m. at the Sheraton Hotel the community very well for 25 conditions are: a requirement consent and variances, subject to Hamilton Monday, but cancelled years. The tourism landscape of conditions. for a cash payment in-lieu her press conference when upset the area has changed drastically Solicitors Katarzyna Sliwa of parkland dedication, the city councillors, Mayor Fred over the years and it is time for a provision of a cul-de-sac turning and Aaron Kurts (Dentons) Eisenberger and city residents different approach.” The company bulb, servicing requirements, represented Fairpark Homes Inc. filed into the room. Mayor will cease operation effective and other matters. [See LPAT Case No. PL190208.] Eisenberger was informed of the December 31, 2019. Urban designer David

PEOPLE

Sheila Jones has been appointed inaugural City of Burlington strategy, risk and accountability executive director. Previously, she was city auditor. Among Jones’s chief responsibilities in this new role will be leading city teams in monitoring, guiding and reporting back, on a regular basis, on the City’s Vision to Focus work plan.

WEDNESDAY, DECEMBER 18, 2019 NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 17