Richard R. Arblaster - Curriculum Vitae
Legal Juris Doctor (1975), Osgoode Hall Law School at York University.
Undergraduate B.A. (Political Science) (1972), York University.
Secondary Honours Diploma (1969), Thistletown Collegiate, Etobicoke, Ontario.
Barrister and Solicitor, Ontario, called 1977.
Solicitor, England and Wales (non-practising), called 1996.
LAW FIRM ASSOCIATIONS:
August, 2017 to date Sole Practitioner
April, 1997-2017 Sole Practitioner and Counsel (land development and administrative law) to the
law firm of Poon & Ho.
May, 1996 to March, 1997 Sole Practitioner.
February, 1984-April, 1996 Partner, Aird & Berlis, Municipal Law\Real Estate Development
March, 1983-January, 1984 Associate lawyer at Aird & Berlis in Municipal Law\Real Estate Development.
April, 1977-March, 1983 Associate lawyer, Perry, Farley & Onyschuk, Municipal Law\RealEstate Development.
September, 1975-March, 1977 Articling Student, Macaulay, Perry.
Land development approvals (including approvals for high and low rise residential, industrial, recreational, and commercial land development including air rights and density transfers); project organization, acquisition and implementation; property rights; public permits and licensing; public\private projects; construction regulation; corporate organization; trade-marks and protection of business goodwill; property tax liability; public conflicts of interest; public elections; land compensation for expropriation; constitutional powers; counsel in processes associated with government administrative tribunals, including the Ontario Municipal Board, the Environmental Assessment Board, the Ontario Building Code Commission, the Ontario Liquor Licensing Board, Commercial Appeals Registration Tribunal, and Conservation Review Board, as well as special purpose officials, commissions and public councils and committees. Counsel in proceedings before the Ontario Courts of Justice, including the Divisional Court and the Court of Appeal, and the Supreme Court of Canada, in matters such as enforcement of public laws, judicial review of administrative actions, appeals from administrative decisions, injunctions, and other matters.
EXAMPLES OF PUBLIC SECTOR CLIENT MATTERS:
- establishment of land use regulations to protect public airport flightpaths, including negotiation and settlement of the first agreement in Canada authorizing the delegation of Federal airport control powers to a municipality.
- representation before the Ontario Municipal Board respecting the apportionment of County rates amongst constituent municipalities.
- representations before the Ontario Municipal Board on behalf of municipalities seeking or opposing boundary changes in annexation matters.
- counsel representing municipalities defending municipal zoning bylaws and official plan policies, municipal-wide and land/project specific, before the Ontario Municipal Board.
- counsel to an Ontario municipality in opposition to an appeal to the OMB for approval of Power Centre development.
EXAMPLES OF PRIVATE SECTOR CLIENT MATTERS:
- Documentation, registration and organization of a single building, two condominium (commercial and residential) project in downtown Toronto
- Documentation, registration and organization of a common elements (townhouse) condominium in uptown Toronto
- Zoning, registration of a 77 unit retirement living vacant land condominium in southern Ontario
- mixed commercial-residential development in downtown Toronto, including negotiation and settlement of participation and long-term lease agreement between developer/client and municipal parking authority
- high rise 92 unit apartment building (approval refused by Municipality and approved after a contested Ontario Municipal Board hearing).
- 47 unit townhouse development (approval refused by Municipality and approved after contested Ontario Municipal Board hearing).
- 127 unit townhouse development (approval refused by Municipality and approved by the Ontario Municipal Board after a contested hearing).
- 400,000 square foot office development in downtown Toronto, implemented through density transfer from heritage site.
- numerous shopping centre developments including representation before Ontario Municipal Board.
- opposition to the establishment of a regional landfill facility in a rural area.
- numerous convenience store\gas bar developments approved after contested Ontario Municipal Board hearings.
- municipal approvals for liquefied natural gas facility.
- negotiation and settlement of air rights development agreement between developer/client and municipal transit commission.
- estate lot subdivision in environmentally sensitive area.
- 30 lot cottage development (approval refused by Municipality and approved after contested Ontario Municipal Board hearing).
- development approvals for championship golf course.
- rural land severances, application of agricultural policies.
- court challenge (application to General Division and response to appeal to the Divisional Court) of issuance of building permit for a big box retail warehouse, including nationally reported precedent setting decision on standing to bring the challenge.
- restructuring of labour union organization to secure tax exemption.
- airport zoning and land use restrictions.
- counsel in passing off action against company owned by the People's Republic of China, including securing injunction.
- appeals of matters concerning franchise law, private enforcement of public laws, the Charter of Rights and Freedoms.
- advice and representation concerning applications of the Ontario Heritage Act to private property.
- applications under the Ontario Building Code Act appealing decisions of Chief Building Officials.
- advice and representation respecting legal aspects of site plan approval rules.
- protection and enforcement of rights to construction liens.
- business organizations and transactions relating to land development and management and other matters
- corporate secretary of a public company.
- acquisition of commercial and industrial properties by investors and end-users.
EXAMPLES OF PUBLISHED PROFESSIONAL TEXTS AND ARTICLES:
“Guide to Ontario Building Legislation”, 1996, Carswell Publishing.
- “Condominium Resource Book” [Ontario], 2001, continually updated, Elexpress Publishing.
- “Land Development and Building Resource Book” [Ontario], 2005, continually updated, Elexpress Publishing.
- “Site Planning in Ontario", paper delivered to the Canadian Institute, 1987.
- "Planning for Retail Development", published in "Ontario Land Development, Legislation and Practice", Carswell, 1995.
- “Freeing Private Initiatives-A New Zoning Approach in the City of Toronto”, Carswell, 1996.
- “Warehouse Membership Clubs - An Update”, Carswell, 1996.
- "Summary of Bill 20 Changes", published in "Ontario Land Development, Legislation and Practice", Carswell, 1996.
- “Comparison of the 1996 Provincial Policy Statement and 1994 Comprehensive Set of Policy Statements”, Carswell, 1996.
- “Review and Analysis of the Wood Task Force on Ontario’s Agencies, Boards, and Commissions”, published in "Ontario Land Development, Legislation and Practice", Carswell, 1996 and 1997.
- “Analysis and Simplification of Ontario’s Guideline for Use at Contaminated Sites, June 1996”, published in "Ontario Land Development, Legislation and Practice", Carswell, 1997.
- “Executive Summary-Ontario’s new Property Assessment Legislation” and Assessment Act consolidation, Carswell, 1998.
- “Varying Zoning Bylaw Use Provisions through the Minor Variance Process - a Legal Impossibility?”, Carswell, 1998.
- delivered to seminars organized by the Law Society of Upper Canada, the Canadian Bar Association, York University Environmental Law Faculty, Association of Municipal Clerks and Treasurers of Ontario, Ontario Association of Committees of Adjustment and Consent Authorities, Ontario Professional Planners Institute, Ontario Building Officials Association, Ontario Community Newspapers Association, Municipal departments, and similar organizations and groups.
- Law Society of Ontario.
- Law Society of England and Wales.