Towards A More “Reasonable” Ontario Municipal Board: Looking To Nova Scotia

The powerful Ontario Municipal Board (OMB, or the Board) has long been maligned as an unelected provincial body with the authority to meddle with local land-use planning decisions. Concurrently, politicians have been accused of abusing the purpose of the OMB by pushing politically contentious decisions on the Board, rather than oppose an active neighbourhood association. This paper argues that these issues stem from the Board’s "standard of review", which guides the OMB to make the "most correct" decision, sometimes in opposition to the municipality. If the OMB adopted a standard of review of "reasonableness" when reviewing land use planning appeals like the Nova Scotia Utility and Review Board does, much greater deference would be given to municipalities by the Board. This would keep the expertise of the OMB intact, without the radical impacts to development that may accompany the creation of a new process for appealing municipal decisions.

Towards A More “Reasonable” Ontario Municipal Board: Looking To Nova Scotia

The powerful Ontario Municipal Board (OMB, or the Board) has long been maligned as an unelected provincial body with the authority to meddle with local land-use planning decisions. Concurrently, politicians have been accused of abusing the purpose of the OMB by pushing politically contentious decisions on the Board, rather than oppose an active neighbourhood association. This paper argues that these issues stem from the Board’s "standard of review", which guides the OMB to make the "most correct" decision, sometimes in opposition to the municipality. If the OMB adopted a standard of review of "reasonableness" when reviewing land use planning appeals like the Nova Scotia Utility and Review Board does, much greater deference would be given to municipalities by the Board. This would keep the expertise of the OMB intact, without the radical impacts to development that may accompany the creation of a new process for appealing municipal decisions.

Leslieville: a neighbourhood in transition, a community divided understanding the changing politics a/space in a Toronto neighbourhood.

This paper aims to tell the story of Leslieville, a small neighbourhood in Toronto's east end, from its early settlement in the 1850s to the present. Looking back at the area's progression from farming village, to working-class industrial centre, to gentrifying creative hub, provides the historical context for a further consideration of the current challenges and conflicts that are impacting the community today. In 2008 a land dispute over a proposed big-box style retail development divided the community and instigated a yearlong battle at the Ontario Municipal Board between Toronto city council and private developers. In tracing the historical growth of Leslieville and analyzing the current development issues, this study examines how urban development and cultural policy have influenced the transformation of this unique Toronto neighbourhood. An application of the theoretical literature on gentrification and photographs are provided in order to supplement the analysis. By identifying Leslieville as a neighbourhood in transition and examining it as a case study in the process and impact of gentrification and neighbourhood change this research contributes to a further understanding of the nature of urban space and how it should be developed to serve the interests of Toronto's diverse population.

Leslieville: a neighbourhood in transition, a community divided understanding the changing politics a/space in a Toronto neighbourhood.

This paper aims to tell the story of Leslieville, a small neighbourhood in Toronto's east end, from its early settlement in the 1850s to the present. Looking back at the area's progression from farming village, to working-class industrial centre, to gentrifying creative hub, provides the historical context for a further consideration of the current challenges and conflicts that are impacting the community today. In 2008 a land dispute over a proposed big-box style retail development divided the community and instigated a yearlong battle at the Ontario Municipal Board between Toronto city council and private developers. In tracing the historical growth of Leslieville and analyzing the current development issues, this study examines how urban development and cultural policy have influenced the transformation of this unique Toronto neighbourhood. An application of the theoretical literature on gentrification and photographs are provided in order to supplement the analysis. By identifying Leslieville as a neighbourhood in transition and examining it as a case study in the process and impact of gentrification and neighbourhood change this research contributes to a further understanding of the nature of urban space and how it should be developed to serve the interests of Toronto's diverse population.

Putting Property in its Place: Relational Theory, Environmental Rights and Land Use Planning

This paper examines the complex web of legal, social and ecological relationships engaged by contemporary land use disputes. In particular, it considers the role of non-owners in decision-making processes about the use of private land. Combining critical perspectives on property theory with relational approaches to rights, it examines recent conflicts around the siting of aggregate quarries in Southwestern Ontario. Three decisions of the Ontario Municipal Board and the Joint Board are analyzed to demonstrate how aggregate disputes present opportunities for the strategic advancement of non-ownership interests in land. Jennifer Nedelsky’s four-step relational approach to dispute resolution and Nicole Graham’s theory of reciprocal person-place relations are applied to the cases to show how a shift away from the ownership model of property can lead to better social and ecological outcomes in land use planning.

Ontario Municipal Policy Affecting Local Autonomy: A Case Study Involving Windsor and Toronto

During the first great burst of urban growth in Canada from the beginning of the 20th century and on into the 1920s it was generally the municipalities, either singly or collectively, which fostered policy innovation and new services. Provinces generally did little at that time, either to foster new policies or rein in local autonomy. It was only after the economic setbacks of the depression and a renewed spirit of urban development after 1945 that provincial direction over municipalities became much more significant. This paper is a case study of two major policy crises which threatened the viability of the whole municipal system in Ontario. In the 1930s the Border Cities (Metropolitan Windsor) faced bankruptcy and economic collapse and placed in jeopardy the credit of the province. In the early 1950s the inability of Metropolitan Toronto to create area-wide solutions to severe servicing problems threatened to stall the main engine of provincial growth. The case study demonstrates how a reluctant provincial government intervened to create new metropolitan arrangements for the two areas and accompanied this with a greatly expanded structure of provincial oversight including a strengthened Ontario Municipal Board and a specific department to handle municipal affairs. The objective of the policy was to bolster local government rather than to narrow municipal autonomy.

Recensions / Reviews

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