Reasonable Apprehension of Bias Strikes Farm Tribunal
Law of the Lands - Farm, Energy and Enviro Law
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2w ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE: Courts and tribunals in Canada are to be held to the highest standards of impartiality.  This is not just a matter of decision makers subjectively acting fairly and impartially (i.e. actually being fair and impartial) but just as importantly a matter of fairness and impartiality being demonstrated to the public.  As articulated by the English Chief Justice Lord Hewitt: “[it] is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”  A hearing will be unfair, and justi ..read more
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“Farm land used only for farm purposes” or just a “hobby farm”?
Law of the Lands - Farm, Energy and Enviro Law
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1M ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE: According to the Assessment Act (the “Act”), the legislation that governs property taxation in Ontario, the Assessment Review Board (the “ARB”) has authority to determine whether lands are “farm lands used only for farm purposes by the owner” for purposes of valuing property.  Section 19(5) of the Act provides that in valuing “farm lands used only for farm purposes by the owner”, consideration must be given to the current value of lands and buildings for farm purposes only (i.e. not their value for any other purpose) and consideration must not ..read more
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The dangers of insufficient depth of cover over pipelines
Law of the Lands - Farm, Energy and Enviro Law
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2M ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE: At one time, oil and gas pipelines in Canada were installed with as little as two feet of depth of cover – maybe less.  Although the minimum depth of cover required over new pipelines as set out in the applicable CSA Standard Z662 remains two feet, companies today routinely install pipelines with four feet depth of cover or more.  However, a major deficiency in the depth of cover standard has been the absence of a requirement to maintain depth of cover over pipelines to any specified minimum.  A pipeline may be sufficiently deep at in ..read more
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Seeking a Great-Great-Great Windfall
Law of the Lands - Farm, Energy and Enviro Law
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5M ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE:   Until recently, there was a thin strip of laneway running behind a building not far from Downtown Toronto that still belonged – at least on paper – to the man who bought it 1824.  Although that owner died in 1870, he was still considered by the Land Registry in Ontario to be the registered owner of the strip, which is wide enough only for a car (or horse and cart) to pass along.  On an application made to the Superior Court, the present-day corporate owner of the adjacent property has now been declared the owner of the strip of ..read more
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Rights of First Refusal – give them the attention they deserve
Law of the Lands - Farm, Energy and Enviro Law
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1y ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE:   In the real estate world, a Right of First Refusal (“ROFR”) creates an opportunity for the holder of the right to match an offer made to purchase a property – it’s a “sort of” option to purchase that will arise in the future under certain circumstances.  In the most common scenario, the owner of the property has an obligation to offer the property for sale to the holder of the ROFR when the owner receives a bona fide third-party offer to purchase and intends to accept the offer.  The holder of the ROFR can then choose to match ..read more
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Built on your neighbour's property? All may not be lost.
Law of the Lands - Farm, Energy and Enviro Law
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1y ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE:   Everyone knows that you should not cut trees down on your neighbour’s property without permission.  You also shouldn’t build structures on your neighbour’s property without permission.  In fact, even with a neighbour’s permission it wouldn’t seem to make much sense to build a structure that is located in whole or in part on your neighbour’s property.  Fixtures to the land belong to the owner of the land.  Why build a structure that you don’t fully own? Sometimes, though, structures are built which unintentionally encr ..read more
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The Mystery of the Missing Will(s)
Law of the Lands - Farm, Energy and Enviro Law
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1y ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE:  Estate administration can be contentious and complex.  Family dynamics and emotions often ignite and drive disputes and litigation between executors, estate beneficiaries and others even where the true last wishes of a deceased relative would appear to be clearly stated.  There are many formal requirements for making a valid will in Ontario.  A failure to fulfill even one of those requirements can provide an opening for a will challenge and costly litigation. In a case decided by the Court of Appeal, a dispute over the future of ..read more
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In Search of Lost Roads
Law of the Lands - Farm, Energy and Enviro Law
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1y ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE: Once a highway, always a highway?  According to Section 26 of the Municipal Act, 2001, all highways that existed on December 31, 2002 continue to be recognized as public highways unless they have been closed.  Historically, highways (not just “highways” in the sense of a major paved road but also sideroads and concession roads, gravel or paved) could be established in a number of ways, including by passage of a municipal by-law or by operation of the common law doctrine of “dedication and acceptance”.  After January 1, 2003, however ..read more
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Beekeeping and Property Taxes – How many hives are enough?
Law of the Lands - Farm, Energy and Enviro Law
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2y ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE: Beekeeping, not bookkeeping.  The Assessment Review Board (“ARB”) recently issued a decision in which the number of beehives kept by a property owner was the deciding factor in denying him farm classification for his property.  The ARB agreed with the position taken by the Municipal Property Assessment Corporation (“MPAC”), the not-for-profit corporation mandated to classify and assess the value of land in Ontario for property tax purposes, that a property must have no fewer than 50 beehives to be assessed as “farm land” where beekeep ..read more
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Subdivision Control – A Checkerboarded Past and Future
Law of the Lands - Farm, Energy and Enviro Law
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2y ago
AS PREVIOUSLY PUBLISHED IN THE RURAL VOICE: There was a time in Ontario when property owners were at liberty to subdivide their property without municipal consent.  An owner in the nineteenth century to whom the Crown granted a 200-acre parcel could divide the parcel into smaller pieces and convey them to new owners by depositing deeds in the Land Registry.  200-acre parcels became 100-acre parcels, 100-acre parcels became 50-acre parcels, and so on.  The creation of land parcels was largely a matter of the personal circumstances and preferences of individual landowners ..read more
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