Wood Bull Blog

Determining “Non-Developable” Land in Ontario (“time is of the essence”)

Apr 16, 2013

An interesting, recent (April, 3, 2013) decision of the Superior Court of Justice (Ont.) First Elgin Mills Developments v. Romandale Farms, 2013 ONSC 1919 (CanLII) arose from an application seeking a declaration that all monies owing on a mortgage had been paid.  This apparently innocent application caused the court to canvas the question of what and when lands might be considered “non-developable” in the context of the uncertainties of the “policy-led” land development process in Ontario. The decision is also a reminder of the importance of the language, present in most real estate agreements, that “time is of the essence”. Of general interest is the wide range of sources regarding the nature of the land development process in Ontario relied upon by the Court in rendering the decision, including a S.J.D thesis on subdivision development found in the Bora Laskin Law Library, U.of T. Law School.

Author(s): Dennis Wood

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