Canadian Lawyer

encourage this is shocking to me." bylaws discriminate against disabled people and other vulnerable groups have also become prevalent particu- larly in Ontario, where a case currently before the province's Human Rights Tribunal could well every municipality in the country find- ing that it needs to rewrite its planning regulations. In the first such case to come before result in almost Claims that municipal zoning a human rights tribunal, the Dream Team, a group that advocates for sup- portive housing, is claiming that provi- sions in a number of City of Toronto zoning bylaws discriminate against peo- ple with disabilities by imposing mini- mum separation distance standards for the development and location of group homes, residential care facilities, and other types of supportive housing. Numerous municipalities across Canada use separation provisions as a way of limiting the number of group homes and other such facilities in each neighbourhood. Municipal politicians and staff are often put under pressure by citizens concerned about decreased property values, increased traffic, or new neighbours whom they consider undesirable. Accepted planning prin- ciples, reinforced by various court rul- ings, require that zoning bylaws focus on land use issues and not the people who may live on the property. Requiring that group homes be located a certain distance apart, apparently technical solution to a politi- cally charged issue. Many municipal planners view these therefore, provides an regulations as a way of preserving the integrity of neighbourhoods by ensur- ing there is not a concentration of one single type of use. In Kitchener, Ont., for example, a separation bylaw was enacted to arrest what was seen as the decline of a downtown neighbourhood where there was a concentration of multiple dwellings with absentee land- lords, assisted and supportive housing, and residential care facilities, together with problems relating to drugs and prostitution, according to Kim Mullin, a partner with WeirFoulds LLP who acted for the City of Kitchener at an Ontario Municipal Board hearing chal- lenging the separation bylaw on the basis it was discriminatory. In this case, the OMB issued an interim order in 2010 instructing the municipality to analyze its bylaws in light of the Human Rights Code and the Charter of Rights. The board stat- ed: "That analysis is glib, if it merely assumes that telling persons with dis- abilities and/or on public assistance to 'just go elsewhere' is no encroachment on human rights, or that it was just a small one, or that it was for 'a greater good. neighbourhood subsequently changed and the municipality decided there was no longer a need for the restrictive plan- ning regulations. Advocates for supportive housing '" Qually says circumstances in the argue that such bylaws are discrimina- tory in several ways. To begin with, SHE WANTS HER FAIR SHARE. SO DOES HE. NOW VALUE THE BUSINESS. Private business assets often comprise the wealth of families. And that can expose the value of the business to family disconnects. As the only profession focused solely on valuation, here's what we think you should know. There will always be their price, your price and the fair price. Knowing the fair value provides gut-level comfort and a huge advantage in this chaotic world. You get to be the one who is certain. Learn more at cicbv.ca. See the movie. Be Certain.™ CHARTERED BUSINESS VALUATORS TM Untitled-2 1 www.CANADIAN Lawyermag.com M AY 2012 27 12-04-19 9:51 AM

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