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Zoning versus Heritage – Who Wins?
Date: May 19 2009

This paper was discussed at the Law Society of Upper Canada Six-Minute Lawyer Program.  It is divided into four parts:

  • Part I will survey what can be described as the case law surrounding the “old rules” that prioritized zoning by-laws in establishing the rights of landowners when developing their land. 
  • Part II provides an overview of important amendments to the BCA, the Ontario Building Code (OBC) and the OHA. 
  • Part III discusses recent decisions of the Ontario Municipal Board (the Board)where the Board has begun to assess the implications that amendments to the OHA have for planning law in Ontario.
  • Part IV briefly discusses  the Planning Act requirements that zoning by-laws “conform with” Official Plans and OHA requirements that zoning by-laws are “not contrary to” heritage conservation district plans and summarizes the OHA’s restrictions on the Ontario Municipal Board’s power to rehear matters under the OHA in the post-2005 OHA era.

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