Articles

Municipal Law

Sweet Relief: Court of Appeal Applies Relief from Forfeiture in Municipal Tax Sale Dispute By Brian Babcock In a recent decision, Poplar Point First Nation Development Corporation v. Thunder Bay, the Ontario Court of Appeal clarified the law of “relief from forfeiture” and allowed a former property owner to recover surplus funds received by the City on a tax sale, even though the claimant had missed the one year window to apply to court for the money as established under the Municipal Act, 2001. February 27, 2017
Do Good Bylaws Make Good Neighbours? By Brian Babcock Summer in Thunder Bay is a time for relaxation, backyard barbeques and enjoying the great outdoors. Given the warm weather, it also happens to be an ideal time for repairing and renovating property as well as maintaining the exterior of your home.

You have your plans, tools and materials and are ready to get to work, but what happens if you need to enter or encroach on your neighbour’s property in order to complete this work?
July 23, 2015
Land Use Controls and "Grandfathering": Public and Private Interest Clashes A person's home is his (or her) castle - implying that the King (or Queen) in that castle has supreme right to use the castle as he or she sees fit. So why even have zoning bylaws? Because for each saying, there seems to be another that creates an opposing force. In the case of zoning, "the good of the many outweigh the good of the few or the one". March 27, 2012
Zoning: Protection of established uses By Brian Babcock Zoning bylaws restrict the use of land to specified uses. Bylaws are updated or revised over time. These revisions usually reflect changes in the neighbourhood. Industrial zones become gentrified. Rural areas become bedroom communities. March 13, 2006