Legal Services
Legal Services
Legal Services is responsible for providing timely and practical strategic advice to Members of Council and internal departments on a broad range of legal matters. Legal Services advises internal stakeholders on matters related to litigation, planning, real estate and development, procurement, labour and employment, by-law, construction, prosecution, corporate risk management and municipal law.
While Legal Services only provides legal advice and support internally to Council and municipal departments, there are select services available to the general public. Please see below for a description of the services available and the applicable online forms.
| Greenhouse Light Abatement |
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At its meeting held Tuesday, June 14, 2022, Leamington Council repealed and replaced By-law 79-20, with By-law 41-22, a by-law requiring the abatement of interior greenhouse light. On December 8, 2020, Council passed By-Law 79-20, being a by-law requiring the abatement of interior greenhouse light. Shortly thereafter, the Municipality received applications filed with the Normal Farm Practices Protection Board (the “Board”) by several greenhouse owners seeking exemptions from the application of By-law 79-20. In June of 2022, most matters before the Board were resolved and Minutes of Settlement were executed by the parties that included changes to the provisions of By-law 79-20. In order to have uniformity across the Municipality, Council repealed By-law 79-20 and enacted By-law 41-22 which includes provisions more in keeping with the manufacturer’s specifications for “blackout” curtains and also includes the following further provisions relating to greenhouse owners who use lights:
By-law 41-22 can be viewed in its entirety here. |
| Short Term Rental Accommodations |
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On November 17, 2020, Council considered Report LLS-55-20 regarding Short Term Rental Accommodations (STR). An STR is generally understood to be a residential dwelling or part of a residential dwelling that is rented to guests on an intermittent or short term basis (usually considered to be less than 30 days) where breakfast is not provided. The STR is usually advertised through an on-line platform such as AirBnb, VRBO and HomeAway. [Note: In Leamington, a Bed and Breakfast Establishment may differ from an STR. A Bed and Breakfast is described as a residential dwelling in which no more than 3 guest suites within the owner's own dwelling are rented on a temporary basis and in which breakfast is provided. A Bed and Breakfast Establishment is permitted in the R1, R2, R3, A1, A2 and A3 zones in accordance with the regulations in section 4.4 of the Municipality's Zoning By-law. Zoning By-law 890-09 is available below.
We encourage you to review a copy of Report LLS-55-20 which is available below.
Following its consideration of Report LLS-55-20, Council directed Administration to seek public comment in connection with the regulation of STRs. Public comments were received until January 21, 2021 and will be summarized and provided to Council for consideration in a forthcoming report. |
| Property Information Reports |
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A Property Information Report is often a requirement before a property transfer can take place and is typically requested by law firms as a result of a possible sale or refinancing of a building or property. The Property Information Report offers information regarding building permits, the status of inspections and any outstanding orders as they relate to the Ontario Building Code, Zoning By-law and/or Property Standards By-law. The Drainage, Engineering and Finance Departments also provide information on the Report.
As of January 1, 2022, Property Information Reports (PIRs) will include information previously obtained from Fire Services via a File Search. As such, the fees for PIRs will be updated as follows:
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| Inquiries Respecting the Purchase of Municipal Lands |
| Individuals may express interest in writing if they wish to purchase a piece of municipally owned property or are seeking an easement over municipal property. Various municipal departments review the request and determine whether it would be in the interest of the Municipality to sell the land or grant an easement.
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| Claims Against the Municipality |
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If you believe that the Municipality has been negligent in in its maintenance of municipal facilities, roads, trees and sewers, which has caused bodily injury or damage to your property, you can submit a claim to the Municipality.
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Request for Accommodation |
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If you require an accommodation to access a municipal service or facility, you may submit a request for accommodation pursuant to the Ontario Human Rights Code.
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Contact(s)
