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REAL ESTATE development with the city at the OMB and eventually forced the developer to halve the height of its tower. While Brault describes his fight as "one of the first cases in which right- to-light for solar panels was actually argued at the OMB," the decision is hardly the victory for solar rights it first appears to be. In its decision, the OMB accepted the city's opposition to the development, stating: "After all is said and done this proposal is simply too big; it is too massive; it flies in the face of the . . . [Toronto Official] Plan; its impacts on surrounding properties are too great." Rob McMonagle, a senior adviser TitlePlus_CL_Jan_10 12/15/09 10:00 AM Page 1 on green energy with Toronto's depart- ment of economic development and culture, provided expert testimony at Brault's hearing while in a different capacity. At that 2004 hearing, he says the OMB gave more weight to the nega- tive effects of the proposed develop- ment on a public garden owned by the city. "At that time, the OMB basically said they couldn't take that into consid- eration, about the solar, but they could take into consideration the shading of the solar space." In the end, the devel- oper was forced to scale back its tower not because of Brault's PV array, but because it was double the height limit for buildings under the city's bylaws. McMonagle is a passionate pro- ponent of solar-access rights and is uniquely qualified on the subject. He ran his own solar PV installation com- pany for 25 years (he, in fact, installed Brault's array) and was executive direc- tor of the Canadian Solar Industries Association from 2002 to 2008 before joining the City of Toronto. McMonagle has not been silent on the issue, making regular presentations to Ontario gov- ernment officials and others about the need for solar-access laws. "I have done presentations and I have talked to them and they all said, 'Well our priority is to get the sales going first of all. It is almost as if [the government is saying], Built just for you Together we have all the tools The TitlePLUS® your clients from title risks.1 you, through our legal services coverage2 Program works with you to help protect With the right tools we assist , by reducing the inconvenience of dealing with a loss as the result of an error or omission in your real estate transactions. To ensure your clients get the most comprehensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® real estate partner! PROTECTION AS GOOD AS IT GETS 1-800-410-1013 1 titleplus.ca Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is a registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Manitoba, Alberta and Québec. 2 Excluding OwnerEXPRESS® policies and Québec policies. ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. 22 JAN UARY 2011 www. CANADIAN Lawye rmag.com