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Ontario municipalities applications before the Human Rights Tribunal regarding discriminatory planning regulations. In two of these cases, the issues may have been resolved without a hearing. The Town of Smiths Falls in eastern Ontario has agreed to amend a bylaw provision that cur- rently puts a cap on the total number of "mentally retarded" people who can be accommodated in group homes within the community. And in Sarnia, Ont., where city council has enacted new bylaws to remove barriers for those requiring supportive housing, Mayor Mike Bradley issued this statement: "Arbitrary restrictions on group homes have filed are discriminatory and have nothing to do with planning and everything to do with negative stereotypes about disabled people. I would like to see the government prescribe regulations to supersede all such bylaws across Ontario. TitlePlus_CL_Jan_10 12/15/09 10:00 AM Page 1 hurdle earlier this year when the tri- bunal ruled that it does have jurisdic- tion to consider the matter. However, the City of Toronto has since filed an application for a judicial review before Ontario's Divisional Court. Laird says a key issue in this review will be the city's claim that the eight individuals on whose behalf the Dream Team has The Toronto case cleared its " first launched the complaint did not directly suffer any discrimination, as they were not denied a spot in a group home as a result of the city's bylaw. As she explains it, this is a catch-22-type argu- ment, since a group home could not be established without planning approval and no one could be denied a place in a non-existent facility. City representa- tives declined a request for an interview. Mullin says a fundamental issue to be determined in this and other similar cases is whether human rights concerns can trump planning regulations or vice versa. It's an issue that will, she says, eventually have to be decided by the courts. 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. www.CANADIAN Lawyermag.com M AY 2012 29

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