Articles in the Environmental Law Category
Bill 52, the Protection of Public Participation Act, was debated at Queen’s Park again this week. Bill 52 is designed to prevent SLAPP suits (Strategic Litigation Against Public Participation), where deep-pocketed corporations bring frivolous lawsuits against grassroots critics (often citizen’s groups and environmental groups) in order to intimidate and silence them.
MPP Jagmeet Singh (Bramalea-Gore-Malton) began the debate, commenting:
“It’s my pleasure to continue debate on this important piece of legislation. What I discussed earlier was how important this bill was in terms of protecting public participation. It’s, again, a hallmark of …
On January 23, 2015, Donnelly Law submitted comments to the Ministry of the Environment and Climate Change (“MOECC”) suggesting how to improve the environmental assessment process for municipal infrastructure works, known as the Municipal Class Environmental Assessment (“MCEA”). The MCEA is a critical document that establishes a planning and approval process for a wide range of municipal infrastructure works e.g. road widenings, bridge replacements, water and sewage works, etc.
In summary, Donnelly Law’s recommendations are:
Require all Class EAs to consider climate change. From the evaluation of preferred alternatives to the later …
On November 17, 2014, Halifax Regional Municipality (“HRM”) issued a Request for Proposal (“RFP”) for a qualified firm to “go beyond the conventional parks planning approach” to develop HRM’s Greenbelting and Open Spaces Priorities Plan. Donnelly Law will review the Greenbelting RFP to ensure HRM Staff is ambitious with its plan to protect and connect HRM’s natural heritage, cultural landscapes, open spaces, and agricultural lands.
Our HRM Alliance, a group of organizations from the Halifax area, envisions a Greenbelt that establishes a permanent development boundary around Halifax to control sprawl, reduce …
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 …
Local activists fight “tsunami of soil” at Tottenham Airfield
The New Tecumseth Times
July 23, 2014
On Tuesday, July 15th the group ‘New Tecumseth, Caledon, King – Citizens for Clean Water’ (or NTCK–CCW, formerly the Tottenham Citizens for Clean Water) held its first General Meeting at the Tecumseth Pines Community Centre.
The event was well attended – with standing room only – and focused on the quality of fill being dumped at the site of the Tottenham Airfield Corporation (or TAC), owned by John Bailey of Brownfield Developments of Toronto, on Hwy. 9 …
In a unanimous 20-0 vote, Halton Region Councillors voted to send a message to Premier Kathleen Wynne, asking that she re-introduce Bill 83, An Act to Amend the Courts of Justice Act and the Statutory Powers Procedure Act in order to protect expression on matters of public interest. The Resolution reads in part:
“THEREFORE BE IT RESOLVED THAT the Council of the Regional Municipality of Halton advise the newly elected Premier of the Province of Ontario, the Honourable Kathleen Wynne, and its local members of Provincial Legislative Assembly of its support …
Burlington Airpark Inc. (“Airpark”) is the owner and operator of the Burlington Executive Airport, an aerodrome, located in the City of Burlington within the Protected Countryside Area of the Greenbelt Plan and adjacent to the Niagara Escarpment Plan Area.
For over five (5) years, Airpark has been bringing substantial quantities of fill onto their property to build up their runway.
In the spring of 2013, the City of Burlington issued an order to Airpark to comply with fill by-law 6-2003. The City of Burlington by-law 6-2003 states:
“No person shall place or dump …
On January 27, 2014, the Ontario Municipal Board (“OMB”) denied a planning application submitted by Mr. Peter Eliopoulos to allow a massive outdoor wedding/banquet facility in King Township in the Countryside Area of the Oak Ridges Moraine Conservation Plan (the “ORMCP”). The decision was featured in the Toronto Star, with David Donnelly saying:
“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 …
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.
On January 27, 2014, the Ontario Municipal Board (the “OMB”) issued its most recent decision involving lands in the protected Oak Ridges Moraine Plan Area in King Township (Case Number PL130137). The hearing involved an Official Plan Amendment and zoning by-law application to rezone land in the Oak Ridges Moraine Countryside Area , to permit an outdoor banqueting facility, a children’s camp and related accessory uses. Donnelly Law represented the Stewards of the Moraine Inc. (the “Stewards”), a party opposed to this application.
The OMB decision considers whether the proposal to use …