Projects
Monitoring and negotiating
Official Town Plan increases future land value.
In the process of investigating an addition
to a retail building, Victor discovered that the Town was planning
a major change to their Official Plan - a change that would downgrade
his client's property by designating a significant portion of it
school and park land. With the aid of expert legal advice, Victor
negotiated the cancellation of the Official Plan Amendment and participated
in the development of a new plan which dramatically increased the
future value of his client's land.
Brokered
deal increases value for property owner while protecting the environment.
A client's estate contained a major woodlot that the municipality
wanted to preserve yet there was no legal way to do so. The client
was going through a draft planning process to prepare his land for
sale - a process the municipality could hinder. Victor brokered
a deal whereby the Municipality gained ownership of the woodlot
for $1 in return for an Official Plan amendment which increased
the value of his client's estate. A win-win-win for the public,
the property owner and the environment!
Understanding market
demand preserves valley, produces better urban design and makes
project more profitable in a recession.
A client with plans for a commercial
strip plaza on a ravine location was being hindered by the local
Conservation Authority. It was Victor's responsibility to gain approval
for the project. However, after assessing the declining market for
commercial properties and a need for assisted-living housing in
the area he suggested, negotiated and gained approval for a non-profit
housing project that was more marketable for his client, better
served the needs of the community and preserved the valley.
Homeowner benefits by going more slowly!
A property owner was advised by his lawyer
to participate in a neighbouring developer's rezoning process. This
looked, on the face of it, like it would save his client money.
What Victor discovered was that the City was planning to install
a major sewer along the homeowners' road frontage and was seeking
a road widening for free in return for the rezoning, which the City
would be entitled to under the Planning Act. Victor successfully
withdrew his client from the rezoning application, forcing the City
to pay market value for the road widening. The sewer was subsequently
built and the area rezoned in the homeowners' favour.
Builder can't understand why the
lots he paid for aren't forthcoming.
A contract is a contract - except when there
is a dispute and a lot of money involved! A successful GTA builder
contracted with a developer to buy 85 lots. The builder was later
advised that the developer was cancelling the contract because he
was unable to fulfil the conditions of draft approval by the City.
The lawyer for the builder retained Victor to do some forensic planning
investigation. Victor discovered that the developer was indeed unable
to fulfil one of the conditions in the purchase and sale agreement.
However, he also learned from interviews and city files that this
information was widely known at the time the developer entered into
the contract and that there had never been a reasonable expectation
that the contract's terms could be fulfilled. It was surmised that
the developer was anxious to sell initially but when land values
almost doubled in the interim, he tried to invalidate the contract
by legal manoeuvring. Due to information uncovered by Victor and
a law suit claiming damages for entering into a contract in bad
faith, the developer eventually settled with the builder.
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