Municipal Law
De Facto Expropriation: SCC Grants Leave to Appeal in Annapolis Group Inc v Halifax Regional Municipality
In June 2021, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Annapolis Group Inc v Halifax Regional Municipality, a ruling from the Nova Scotia Court of Appeal, 2021 NSCA 3 [Annapolis]. The SCC will rule on whether the refusal by Halifax Regional Municipality (“Halifax Municipality”) to approve […]
SCC Narrowly Rules Mid-Election Changes to Toronto City Council were Charter-Compliant
Three months into the 2018 Toronto City Council election, a newly elected provincial government passed the Better Local Government Act, 2018, SO 2018, c 11 [Act], slashing the number of municipal wards from 47 to 25. “For the remaining campaign period,” writes Justice Abella, dissenting in Toronto (City) v Ontario (Attorney General), 2021 SCC 34 […]
Ontario Court of Appeal Finds Mid-Election Changes to Toronto City Council Constitutional
Last week, the Ontario Court of Appeal (“ONCA”) released a contentious, split decision in Toronto (City) v Ontario (Attorney General), 2019 ONCA 732 [Toronto] in which they adjudicated the constitutionality of the Better Local Government Act, 2018, SO 2018 C-11 ("BLGA"). The ONCA majority declared the BLGA to be constitutional, with no violations of section […]
Freedom of Expression and Subjective Feelings of Fear at a Town Hall Protest
Political protest is undeniably an essential right in a free and democratic society, but constitutional protection of that right is not absolute; acts and threats of violence, which serve to stymie rather than foster political debate, are not protected under s. 2(b) of the Canadian Charter of Rights and Freedoms. In its August 2017 decision, […]
The Tipping Point: Regulation of Toronto’s Airbnb Market
Launched in 2008, Airbnb began as a simple platform with a few hundred users that offered alternative short-term rentals to travellers. Today, Airbnb has an estimated value of $31 billion dollars, more than 150 million users, and is utilized in nearly 200 countries with millions of listings. Airbnb has become the leading single source of […]
Models Needed: Reviewing Prostitution Laws Since Canada v. Bedford
Nearly three years after the Supreme Court (“the Court”) issued its ground-breaking judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] and two years since the federal government passed Bill C-36, the Canadian polity remains mired in philosophic, moral, and political debate surrounding the acceptability of sex work. The Protection of Communities and […]
Some Suggestions on Regulating Technological Innovation: City of Toronto v Uber Canada Inc.
In November of last year, I wrote an article for The Court on the recent decision in Uber Canada Inc. v City of Toronto, 2015 ONSC 3572 [“Uber”] by the Ontario Superior Court of Justice (“ONSC”). In Uber, Justice Sean F. Dunphy ruled that Uber is neither a “taxicab broker” nor a “limousine service” within […]
Reflecting Ethics, Accountability, and Transparency in Municipal Pay Structures
The Court of Appeal’s decision last year in Ferri v Ontario (Attorney General), 2015 ONCA 683 [Ferri] shocked many in the municipal law community. Mario Ferri, a well-known Regional and City Councillor for Vaughan, brought an application on his own volition under the Municipal Conflict of Interest Act, R.S.O. 1990, c M.50 (“MCIA”) in the […]