Articles in the Publications Category
On October 21, 2014, MPP Jack MacLaren (Carleton-Mississippi Mills) introduced Bill 32, the Bob Mackie Act¸ 2014, into the Ontario Legislature. The purpose of Bill 32 is to repeal Ontario’s Niagara Escarpment Planning and Development Act (“NEPDA”). The NEPDA was passed in 1973 by the Progressive Conservative government of Premier Bill Davis. The Niagara Escarpment Plan (“NEP”) was approved by Premier Frank Miller’s (Progressive Conservative) Cabinet on June 12, 1985.
The NEPDA and NEP “provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a natural …
Environmentalists cheer Oak Ridges Moraine decision
The Toronto Star
February 11, 2014
“Putting large-scale, car-dependent commercial activities in some of the most beautiful and natural country in southern Ontario would have been a big mistake,” said lawyer David Donnelly, who represented local residents at the OMB hearing. “If you believe that King Township is horse country and not paintball country, then this is a big decision for the Oak Ridges Moraine.”
Read the Toronto Star article on this victory achieved by Donnelly Law’s client the Stewards of the Moraine Inc., here.
By Matthew Strader
News Reporter, Caledon Enterprise
Published on Monday August 5, 2013
Another group of local residents is looking to take legal action after a Minister’s Zoning Order was given to allow construction for a 180-acre Canadian Tire distribution warehouse in Bolton.
MPP for Brampton Springdale Linda Jeffrey granted a Minister’s Zoning Order (MZO) on July 18 for the development as requested by Caledon’s council after they approved the application earlier in the month.
On July 24, David Donnelly, of Donnelly Law Barrister and Solicitor, submitted a letter to Minister Jeffrey advising her that he …
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Georgina residents fight historic development rights on wetlands
In the placid lakeside town of Georgina, about an hour’s drive north of Toronto, a fierce battle is underway to excise the ghosts of a developer past.
“I’d love it to be a forest forever, but I’m a realist,” said Georgina Mayor Rob Grossi. “I don’t have the ability as a mayor or a local council to reverse rights that have been granted by some other level of government.”
This deference, however, does not sit well with Toronto environmental lawyer David Donnelly, who describes the …
Mount Nemo Victory Featured in Niagara Escarpment Views Magazine
Read Donnelly Law’s article discussing two recent quarry decisions in the Niagara Escarpment in the latest edition of Environews, the newsletter of the Ontario Bar Association Environmental Law Section. The link to the full article follows this exerpt.
“Two recent decisions of the Joint Board pursuant to the Consolidated Hearings Act1 create a very confusing legal landscape, with the future direction of development approvals on the Niagara Escarpment hanging in the balance. Very similar facts and arguments in both hearings led to very disparate decisions and a potentially precedent-setting judicial review application …
By David Donnelly & Lia Magi
Published in: Sustainable Builder Magazine, Special Showcase Issue 2011
Ontario is a world leader in setting boundaries for new Greenfield developments. Paradoxically, Southern Ontario is also attracting rapid population growth, requiring the construction of one million new homes that threaten thousands of hectares of prime farmland and wildlife habitat.
With costly and time-consuming land use battles between environmentalists, developers, and municipalities looming on the horizon, our firm was asked to provide a model for new Greenfield development.
Our clients, developers Mattamy Homes and OPDI, adopted a simple threshold …
By David Donnelly, MES LLB
Sustainable Builder Magazine – May 2011
I think that moving towards higher density developments will be the best thing that ever happened to the green building movement in Ontario. The province’s Places to Grow and Greenbelt legislation are slowly setting the stage for developers to make a fundamental choice: do want to I offer a big front yard in Bradford West Gwillimbury, or district heating and cooling in Markham?
Municipalities, stretched for years by the cost and inefficiency of servicing urban sprawl, are slowly but surely catching on …
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The introduction of the world-class Green Energy and Economy Act puts Ontario in the lead of a North American green energy revolution. Green Power Magazine focuses on the people making the new policies and projects essential to Ontario’s green energy future. The Magazine will be of interest to industry leaders, government, investors, ENGO’s, media and the public. Green Power will be launched in July 2010.
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Edited by Allan Greenbaum, Ron Puschak and Alex Wellington. Contributors include David Donnelly who co-authored two articles: “Weak Environmental Law Enforcement in Canada: a Continuing Well-kept Secret” and “Property Rights in Canada: Ontario’s Greenbelt Act“.
Canadian Issues in Environmental Law and Policy is a stimulating multidisciplinary collection of classic, recent and original readings on environmental regulation, litigation and assessment in Canada. The contributors represent a wide range of scholarly and professional expertise, substantive concerns, and points of view. Topics include the regulatory system in Canada, constitutional …