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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, Toronto, ON, +1 416 865 5122, nsmiley@fasken.com
  • Sarah J. Turney, Partner, Toronto, ON, +1 416 865 4542, sturney@fasken.com

Client Work

  • 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.
  • Appellants obtain leave to appeal to the Supreme Court of Canada regarding adverse possession of municipal parkland, [Case - Pawel Kosicki and Megan Munro], Toronto, Ontario residents challenge Superior Court decision concerning how boundaries can be settled in cases involving municipal land.
  • The Corporation of the City of Brantford obtains injunction against occupiers of city owned land, [Case - The Corporation of the City of Brantford], City of Brantford obtains interim injunctions against land occupiers to close purchase and sale transaction.
  • Crown Agency v. Municipal Property Assessment Corporation, [Case - Craig James]
  • Property Tax Assessment - Ontario Hospital, [Case - Ontario Hospital]

Knowledge

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