With our diverse practice experience, including extensive work for governments on privatization and private-public partnerships, we are able to employ creative, business-oriented solutions to the novel problems facing developers and municipalities. We are fully committed to understanding our municipal clients' needs and the legal environment they face, responding quickly and professionally, and dedicating the resources needed to solve problems. We are able to assist municipalities with their increasing needs to:

• Develop strategic approaches to delivering both existing services and those for which municipalities will have increased responsibility;
  
  
• Explore a variety of new delivery mechanisms, including amalgamation, privatization and outsourcing;
  
  
• Access financial markets and understand new rules governing municipal finance; and
  
  
• Design new assessment regimes in light of current value assessment and increased flexibility in municipal taxation.

Getting results in the municipal sector and the successful implementation of any property development project or approval requires skilful manoeuvring within a unique maze of quasi-governmental, provincial and federal legislation.

By giving constant attention to, and involvement with, the evolution of federal and provincial land development legislation affecting the municipal and planning sphere, Stikeman Elliott has moved to the forefront of municipal and planning law practitioners.

The firm's predominantly transaction-based practice has provided the opportunity for the Municipal and Land Use Group to pursue all aspects of municipal and planning law.

Representative Experience

Our experience with all aspects of municipal, land use and development, allows us to offer comprehensive services to clients, including:

MUNICIPAL FINANCING, LICENSING, AND RESTRUCTURING/PRIVATIZATION OF MUNICIPAL SERVICES

• Providing advice on gaining access to financial markets, on the new finance rules and on structuring public/private financing, including taxation advice.

• Advocacy and opinion work related to municipal licensing disputes.

• Advising on governance structures for joint municipal ownership of water/wastewater facilities and other such services.

LAND USE PERMITS AND APPROVALS

• Providing pre-development opinions and strategic processing advice to crystallize real estate development potential.
  

• Coordinating and obtaining all Planning Act land use approvals such as official plan amendments, rezoning, site plan approvals, plans of subdivision and condominium, consents, and minor variances. Past experience includes work on behalf of the provincial government, local governments, developers and other proponents for projects in the following areas:

Residential: projects ranging from urban renewal projects and new community developments to high density housing, group homes, public housing and single family dwellings;

Industrial: various projects including light and heavy manufacturing, warehousing, and independent power production facilities;

Aggregates: mines and gravel quarries;

Commercial: all formats ranging from retail warehousing to office/commercial subdivisions;

Institutional: from churches and museums to school expansions; and

Recreational: from private boathouses to NHL arenas and NBA stadiums.

• Negotiating and obtaining all necessary permits and approvals from all levels of government and agencies, including Ministry of the Environment, Ministry of Energy, Ministry of Natural Resources, Ministry of Transportation, Ministry of Municipal Affairs and Housing, area municipalities and conservation authorities.
  
  
• Consulting with government authorities, professional consultants, the general public, and public interest groups.
  
  
• Negotiating subdivision, cost sharing, condominium, site plan, heritage and agricultural easement, pre-development and development agreements, levies and development charges.
  
  

• Presentations before general public meetings, municipal planning committees, Councils, Committees of Adjustment and Land Division Committees.

FORMAL DEFENCE

• Emphasis on negotiation based on sound planning principles and common interest resolution rather than drawn-out adversarial hearings.

• Acting for government (federal, provincial and municipal), corporations and landowners before administrative tribunals and the courts to appeal and defend municipal decisions or defend a position upon appeal by government agencies, members of the public and public interest groups.

ENVIRONMENTAL

• Environmental review of proposed acquisitions and financings, environmental assessment work and municipal undertakings, including sewage, water and landfill projects and general environmental opinion work.

COMPLIANCE

• Providing advice with respect to due diligence investigations for the purchase, sale and lease of real estate, commercial lending and corporate financing.

It is this type of experience that enables the Municipal and Land Use Group to work with our clients to contribute to the strategic planning of projects and facilitate their implementation.

Representative Matters

Some of the group's representative transactions include:

• Acting for Women's College Hospital in connection with its capital redevelopment project, to transform its current facilities into a state-of-the-art academic ambulatory care hospital.
  
  
• Acting for Crystal Glen Homes Inc. with respect to acquisition and development of several parcels of land for estate building lots and executive home development.
  
  
• Acting for Saputo Inc. in its acquisition of additional adjacent land and applications for land use approvals to allow expansion of its operations.
  
  
• Representing Sithe Energies as part of a specialized team of consultants involved in various aspects of commercial and financial arrangements to permit the development of two 800 MW natural-gas fired power plants in Brampton (Goreway Station) and Mississauga (Southdown Station). The development is among the largest project finance deals in Canada to date, valued at nearly $1 billion. The construction of Goreway Station adheres to a 20 year accelerated clean energy supply agreement with the Ontario Power Authority, part of the OPA's initiatives to address the critical need for additional power in the Greater Toronto Area. The project required a provincial level environmental review similar to an environmental assessment. Work conducted by the firm included environmental screening, project finance, material project contracts including construction and fuel supply and government and power purchase RFP processes.
  
  
• Acting for Concord Pacific Group of Companies in connection with their $3.0 billion waterfront development in downtown Vancouver, B.C.
  
  

For a complete list of our Municipal & Land Use experience please click here.

Recent Group Activities

Lawyers contribute to ICLG
Viateur Chénard and Dana Porter contributed to the article in the Canadian Real Estate section of the 2006 International Comparative Legal Guide Series.