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Development, Land Use Planning and Property Tax


Fasken is driven to help clients complete outstanding projects in demanding situations. We ensure plans are both workable and bankable, whether it means strategizing to make the most of available real estate, finding sources of financing or minimizing risks in contracts.
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Overview

Fasken helps to get things built.

Our team of lawyers, clerks and planners has the experience to quickly identify opportunities and risks, and efficiently implement solutions so that your investment in land can be maximized.

If they aren’t properly anticipated, municipal and administrative approval processes can delay projects and raise costs. We advise clients on the various steps to complete a development and have a proven track record in working with local governments to further our clients’ interests. We regularly guide clients through municipal processes, tax issues and environmental issues.
Fasken acts for property owners, real estate investors, developers, pension funds, financial institutions, REITs and insurance companies.

Land Development

The Firm’s Real Estate team is nationally recognized for its experience in complex transactions. Regionally, our Real Estate teams are among the largest in their markets. Fasken is ranked as a leading group by respected publications such as Chambers Canada, Legal 500 and Best Lawyers.

Our services range from providing assistance with simple land use approvals, including minor variances and consent applications, to complex and lengthy development matters and disputes, such as contentious official plan and zoning by-law amendments as well as complex subdivision and site plan agreements.

Our lawyers regularly appear before the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board), municipal councils and committees of adjustment. We also represent litigants in court applications and appeals at all levels of the courts.

Municipal Law

Fasken advises on all types of municipal bylaw interpretation, application and enforcement matters, including those under the City of Toronto Act, the Municipal Act, 2001, the Provincial Offences Act, the Building Code Act, 1992 and the Fire Protection and Prevention Act, 1997. Our experience includes advising on municipal signage regulation, applications for variances and amendments, provincial regulation, permit and contract litigation.

Expropriation

Fasken represents landowners across Ontario in all aspects of expropriation law. We advise landowners, tenants and lenders impacted by expropriations and represent clients in the adjudication of compensation before the Board of Negotiation and the Local Planning Appeal Tribunal.

Property Tax Assessment and Municipal Finance

Fasken has extensive experience in all aspects of municipal finance, tax and assessment, including hearings before the Local Planning Appeal Tribunal, the Assessment Review Board and the courts. We regularly provide property tax advice to help clients understand and manage their tax liability in respect of commercial, residential and industrial properties. Fasken helps to ensure that tax obligations are accurate and identifies appropriate tax-saving opportunities. We have experience dealing with complex properties including hospitals, multi-tenanted commercial properties, contaminated properties, heritage properties and lands owned or managed by Crown agents.

Team

Primary Contacts
  • Neil M. Smiley, Partner | Real Estate, Toronto, ON, +1 416 865 5122, [email protected]
  • Sarah J. Turney, Partner | Real Estate Law, Toronto, ON, +1 416 865 4542, [email protected]
  • Guillaume Pelegrin, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 397 7411, [email protected]
  • Sarah Batut, Partner | Real Estate Law, Vancouver, BC, +1 604 631 4954, [email protected]
Neil Smiley Toronto Lawyer Neil M. Smiley Partner | Real Estate Toronto, ON +1 416 865 5122
Sarah Turney Toronto Lawyer Sarah J. Turney Partner | Real Estate Law Toronto, ON +1 416 865 4542
Guillaume Pelegrin, Partner | Litigation and Dispute Resolution Guillaume Pelegrin Partner | Litigation and Dispute Resolution Montréal, QC +1 514 397 7411
Sarah Batut, Partner | Real Estate Law Sarah Batut Partner | Real Estate Law Vancouver, BC +1 604 631 4954

Experience

  • Carttera completes sale of four‑building industrial portfolio to Cadillac Fairview in Mississauga, [Deal - Carttera Management Inc. and Carttera Private Equities], Canadian real estate developer completes multi-building industrial portfolio disposition in the Greater Toronto Area
  • Supreme Court of Canada rules in favour of Toronto homeowners in landmark adverse possession case, [Case - Pawel Kosicki and Megan Munro], Supreme Court clarifies that adverse possession applies to municipal land, siding with Toronto homeowners in a landmark property law case.
  • Broccolini completes C$109.11 million sale of Amazon fulfilment centre in Ottawa, [Deal - Broccolini Investment Inc.], Canadian real estate firm sells lands in Ottawa to Amazon for development into the global e‑commerce and cloud leader’s largest Canadian distribution centre.
  • CreateTO advances development at 50 Wilson Heights Boulevard, [Deal - CreateTO], CreateTO advances one of the most significant housing developments in Toronto, delivering over 1,400 residential units, including affordable housing.
  • Broccolini completes sale of industrial facility on the property municipally known as 1500 Industrial Park Drive, Cornwall, Ontario, to Michelin North America, [Deal - Broccolini Investment Inc.], Sale of industrial facility in Cornwall, Ontario to a multinational tire manufacturing company.
  • Broccolini completes sale of a 55-acre site in Innisfil, Ontario, to DSV Solutions for development as a 1.3-million-square-foot warehouse, [Deal - Broccolini Investment Inc.], Real estate and construction financing services for transport and logistics company.
  • UniFirst Canada Ltd. successfully appeals land development charges before the Ontario Land Tribunal, [Case - UniFirst Canada Ltd.], Provider of professional uniforms and workwear successfully appeals land development charges at Ontario Land Tribunal.
  • Maple Lodge Farms Ltd. successfully appeals property tax assessments before the Assessment Review Board, [Case - Maple Lodge Farms Ltd.], Canada's largest independently owned poultry processor successfully appeals property tax assessment before the Assessment Review Board.
  • Guy Sherbrooke Limited Partnership secured construction facilities of C$328 million for the Le Sherbrooke project in Montréal, [Deal - Guy Sherbrooke Limited Partnership], Secured construction facilities for Le Sherbrooke project.

Knowledge

  • Court of Appeal Considers Application of a New Retroactive Provision of the Act Respecting land Use Planning and Development for the First Time, 7/17/2024
  • The “Gatekeeper Function” – A Lawyer’s Potential Liability in the Registration of Construction Liens, 4/10/2024
  • Superior Court of Québec Confirms that in a Demolition Context, Public Safety Takes Priority Over the Protection of Heritage Buildings, 3/11/2024
  • “Getting It Done” at What Cost? Bill 162’s Impact on Expropriated Landowners, 3/11/2024
  • Court of Appeal Renders a Key Decision Recognizing the Right of Litigants to Contest the Validity of a Municipal By-Law for Non-Conformity with a Regional County Municipality’s Land Use Planning and Development Plan, 1/24/2024
  • Bill 22's Reform of Expropriation Law in Quebec: A Deviation from Property Rights and Quebec's Downgrade in Relation to the North-American Standard, 10/2/2023
  • An option to purchase clause is in your lease: do you really know your rights?, 5/15/2023
  • The City of Ottawa’s New Comprehensive Zoning By-Law: Why You Should Care, 4/27/2023
  • The Choice of Recourse in a Disguised Expropriation Matter is Formally Recognized by the Superior Court of Québec in the Case of Sommet Prestige Canada Inc. v. Ville de Saint-Bruno-de-Montarville., 4/6/2023
  • Comment on SBFD inc. v. Ville de Saint-Augustin-de-Desmaures: Heritage Conservation is not a Public Objective Justifying Disguised Expropriation, 3/9/2023

Events

  • Latest Developments in Municipal and Administrative Law, 5/22/2024
  • Summit on Municipal and Expropriation Law, 11/22/2023
  • Reform of the act respecting land use planning and development and new authorities, 6/7/2023
  • Sommet-en-droit-municipal-et-urbanisme, 11/15/2022

News

  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • Innisfil Journal quotes Neil Smiley on proposed Big Bay Point Golf and Country Club expansion plan and zoning constraints, 3/2/2017
  • Seventeen Fasken Martineau Lawyers recognized in the 2017 edition of Lexpert/American Lawyers Guide to the Leading 500 Lawyers in Canada, 1/13/2017
  • The Legal 500 UK 2014: 14 Fasken Martineau lawyers ranked, 10/9/2014
  • Strongest results ever from Best Lawyers: Fasken Martineau improves ranking in 2015 edition, 9/4/2014

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