Review Your Property Tax Situation as 2013 Ends
By: David C.K. Tang
Did you pay too much in property taxes in 2013? Were your 2013 property taxes higher than you expected or wanted? Did your 2013 taxes increase by more than the percentage increase in the municipality's budget? Were there vacancies in your building during 2013? Do you wonder if maybe some or all of your property should be exempt from property taxation?
Future of the OMB up for Review
By: John S. Doherty and Roberto Aburto
On October 24, 2013, the Ontario Provincial Government announced that it would review the land use planning approval system in Ontario, including the role of the OMB. This announcement also stated that the province will review the Development Charges Act.
This announcement comes in the context of increasing political attacks against the OMB. The OMB is charged with making decisions in complicated land use planning disputes. The result is that the Board is frequently criticized heavily for its decisions, in what are often politically volatile matters. In many of these volatile matters, regardless of the outcome, the OMB will be the subject of criticism.
Toronto Proposes to Change Treatment of Employment (Industrial) Lands
By: David C.K. Tang
The City of Toronto is in the process of dramatically changing how its "Employment" lands are treated. Employment lands are lands which have previously been called "industrial" and include lands where manufacturing, offices, some retail uses, warehousing/distribution and some institutions, like places of worship and schools, have located. Both the City and Province believe that Employment Lands need be protected to ensure the City's continued economic health.
Ontario's New Noise Guidelines: NPC-300 Consolidates Standards for Land Use Planning and Environmental Compliance Approvals
By: David C.K. Tang
The Ontario Ministry of the Environment published on October 21, 2013 a new noise guideline which consolidates and replaces the previous guidelines dealing with both land use planning and the approval of industrial and commercial facilities. A draft of the guideline, "Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning: Publication NPC-300" ("NPC-300"), was first published by the Ministry in November 2010. After a three-year consultation and consideration process, NPC-300 has been revised, released and is now applicable.
Summary: Europe cosmétiques inc. v. Locations Le Carrefour Laval inc.
By: Ingrid Anton
Appellant Europe Cosmétiques Inc. and Respondent Locations Le Carrefour Laval inc., owner of a mall, signed a Letter of Intent for the rental of a two-story commercial building. Under the Letter of Intent, Appellant agreed to partake in the construction of a medical spa that would be considered as an extension of the mall. Through its real estate broker, Appellant waived the financing condition stipulated in the Letter of Intent.
After the completion of the works, the parties negotiated a Lease Agreement, the signature of which was delayed by the fact that Appellant had not yet received its financing. After a substantial waiting time, Respondent brought an action against Appellant for damages and breach of the Letter of Intent.
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