Legal Services

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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 

At its meeting held Tuesday, June 14, 2022, Leamington Council repealed and replaced By-law 79-20, with By-law 41-22, a by-law requiring the abatement of interior greenhouse light.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 In order to have uniformity across the Municipality, Council repealed By-law 79-20 and enacted By-law 41-22 which includes provisions more in keeping with the manufacturer’s specifications for “blackout” curtains and also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:

  • Sidewall and endwall curtains must be installed and remain closed.
  • Until the date that is the earlier of October 1, 2023, or the date that a greenhouse owner has installed all required curtains, lights may be on until 10:00 PM.
  • As of October 1, 2023, ceiling curtains must be installed and closed in accordance with the provisions of the by-law.
  • As of October 1, 2022, greenhouse owners who have not installed ceiling curtains must provide proof of purchase of the same.
  • The specific time of day for curtain closure is included rather than referring to sunrise and sunset.
  • Specific times of day to allow for gapping of ceiling curtains, up to 10%, have been included.

By-law 41-22 can be viewed in its entirety here.

Short Term Rental Accommodations 

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.

Zoning By-law 890-09

 

We encourage you to review a copy of Report LLS-55-20 which is available below.

Report LLS-55-20

 

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 

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.

 

Please be advised that as of January 1, 2022, Property Information Reports (PIRs) will be amended to include information previously obtained from Fire Services via a File Search.  As such, the fees for PIRs will be updated as follows:

  •      Ten Business Day Service - $300.00
  •      Three Business Day Rush Service - $500.00

 

Please be advised that the Municipality will not be offering Three Business Day Rush Service from Monday, December 19, 2022 through Monday, January 9, 2023.  Further, please be advised that the Municipal Office will be closed the week of December 26 through December 30, 2022.

 

Purchase a Property Information Report

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.

Submit an Inquiry

 

Claims Against the Municipality

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.

Submit a Claim 

 

Request for Accommodation

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.

 

If you are requesting a medical exemption to the COVID-19 Vaccination, please note that the required supporting documentation to be included within the request must be completed by a physician or registered nurse in the extended class using this form.

 

Submit a Request 

 

 

 

Contact(s)

© 2020 The Municipality of Leamington 111 Erie Street North, Leamington, Ontario N8H 2Z9

Phone: 519-326-5761
Fax: 519-326-2481
Email: General Information

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