ARTICLE · 21 JULY 2015

Interpretation Of Municipal Powers To Contract

Norton Rose Fulbright Canada LLP

Explore more from Norton Rose Fulbright Canada LLP

On July 2, 2015, the Supreme Court of Canada dismissed an application for leave to appeal from a recent Ontario Court of Appeal decision in 1298417 Ontario Ltd. v. Lakeshore (Town) 2014 ONCA 802.

CanadaReal Estate and Construction

Norton Rose Fulbright Canada LLP

Author LinkedIn connections

On July 2, 2015, the Supreme Court of Canada dismissed an application for leave to appeal from a recent Ontario Court of Appeal decision in 1298417 Ontario Ltd. v. Lakeshore (Town) 2014 ONCA 802.

The decision in Lakeshore highlights the principle that a person contracting with a municipality should take careful notice of the municipality's power to contract.

In this case, the Town of Lakeshore entered into an agreement with the numbered company promising to reserve sewage capacity for the company's project – St. Clair Shores Subdivision. The clause in dispute read as follows:

"The Municipality hereby grants and approves the allocation of additional capacity in the Existing System so as to allow for full development of the St. Clair Shores Subdivision, in compliance with the existing zoning provisions for the said Subdivision. For greater certainty, said additional capacity shall be deemed to have been expressly reserved for the benefit of the St. Clair Shores

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Évolution de la dynamique des différends liés aux infrastructures

CanadaReal Estate and Construction

McCarthy Tétrault

Can A Co-Owner Force The Sale Of A Property?

CanadaReal Estate and Construction

Devry Smith Frank LLP

BSDQ : attention aux exclusions de travaux dans les soumissions

CanadaReal Estate and Construction

Is Co-Owning A House Becoming More Common In Ontario? (Video)

CanadaReal Estate and Construction

Devry Smith Frank LLP

Devoir de bonne foi du donneur d’ouvrage : la Cour d’appel confirme une indemnité de 15,7 M$ pour l’entrepreneur

CanadaReal Estate and Construction

Borden Ladner Gervais LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Real Estate

Comparative Guide

Construction

See more popular content from

Real Estate and Construction

Bill 20: Prompt Payment Legislation Introduced In British Columbia

On October 7, the Government of British Columbia introduced Bill 20 in the B.C. legislature. Bill 20 implements long-anticipated reforms aimed at providing greater payment and cash-flow certainty for stakeholders...

CanadaReal Estate and Construction

Blake, Cassels & Graydon LLP

Tenant-Caused Property Damage In Ontario: How Landlords Can Claim Compensation

Discovering that your rental property has been damaged by a tenant can be a frustrating and costly experience. Landlords often wonder what their rights are and how they can legally recover the costs of repairs.

CanadaReal Estate and Construction

Canada Extends Ban On Foreign Home Buyers To 2027

The Government of Canada has announced a two-year extension to an existing ban on foreign ownership of Canadian housing.

CanadaReal Estate and Construction

Bennett Jones LLP

REDMA Disclosure Obligations: When Can Presale Purchase Contracts Become Unenforceable?

In KingSett Mortgage Corporation v Lumina Eclipse Limited Partnership, 2026 BCSC 1598, the Supreme Court of British Columbia confirmed that a developer’s failure to disclose material facts...

CanadaReal Estate and Construction

McCarthy Tétrault

Renting A Commercial Property In Ontario

Renting commercial space is a major step for any business in Ontario. A commercial lease (or commercial rental agreement) is a contract between a business (tenant) and a property owner...

CanadaReal Estate and Construction

Pacific Legal PC

The GST/HST Self-Supply Rules: What Residential Builders Should Know

Despite repeated interest rate hikes over the past year, the real estate market in many major Canadian cities remains resilient, and construction of new housing continues to grow.

CanadaReal Estate and Construction

Could The Old Ontario Construction Lien Act Still Apply To Your Project? The Court Of Appeal Weighs In

A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.

CanadaReal Estate and Construction

Tenant Refuses To Leave? A Landlord's Guide To The Eviction Process In Ontario

Dealing with a tenant who refuses to leave your property can be a stressful and frustrating experience. As a landlord, you have responsibilities to your tenant, but you also have rights that protect your property and financial interests

CanadaReal Estate and Construction

Here’s The Drill: Introducing The New CCDC 32 – 2026 Progressive Design-Build Contract

CCDC 32 introduces a progressive design-build framework that allows owners and design-builders to collaboratively develop project scope, budget, and schedule before committing to a final price. Through a two-phase structure with project gates and off-ramp provisions, this standardized contract addresses complex construction projects where requirements cannot be fully defined at the outset. How does this collaborative approach balance flexibility with cost certainty while reshaping traditional roles in const

CanadaReal Estate and Construction

Canada And British Columbia Invest In Infrastructure And Reduce Development Charges

The Canadian and British Columbia governments have announced a significant infrastructure investment partnership aimed at reducing development charges. This collaborative initiative between Prime Minister Mark Carney and Premier David Eby represents a strategic approach to addressing development costs and infrastructure funding challenges.

CanadaReal Estate and Construction

Clark Wilson LLP