Roberto Aburto Partner

Representative Work

Expropriation

Roberto frequently acts for both land and business owners as well as expropriating authorities. This practice involves consideration of working within the process relating to infrastructure projects and working towards win-win solutions for all parties in expropriation matters.

Land Use Planning

Roberto works regularly on various land use planning matters throughout the development process, including minor variances, severance consent applications, site plan applications, plans of subdivision, development charge appeals, zoning by-law and official plan amendments. Roberto has acted for developers, municipalities, and community organizations.

Municipal Tax Assessment

Roberto regularly advises and works on matters before the Assessment Review Board on behalf of property owners and municipalities. Roberto has experience dealing with complicated valuation issues, and is well versed in Ontario's municipal tax assessment regime.

Real Property and Construction Litigation

Roberto works regularly on court and arbitration matters relating to all facets of the development industry, including construction law.

Roberto works on a variety of complex commercial litigation matters, including trade secret matters, breaches of fiduciary duties and confidentiality as well as other matters where e-discovery is required. Roberto has overseen the review of cases managing more than 100,000 documents. Roberto finds innovative solutions for approaching these cases in an efficient manner, both from a cost and time perspective.

Counsel on numerous Planning Act cases including:

• Craft et al. v. City of Toronto et al, 2019 ONSC 1151 (CanLII), Craft v. City of Toronto, 2019 ONSC 3636 (CanLII) - Counsel for the interveners Home Builders' Associations on a stated case to the Divisional Court relating to the regime for certain Planning Act appeals impacting planning cases across Ontario.
• Kearney v Ottawa (City), 2018 CanLII 35114 (ON LPAT) - Lead counsel who successfully defended a zoning by-law amendment permitting a patio for the iconic Wellington Diner.
• Chevalier Holst v Ottawa (City), 2018 CanLII 40432 (ON LPAT) - Lead counsel who successfully overturned a decision of the Committee of Adjustment on an infill project.
• ClubLink Corporation ULC v Oakville (Town), 2017 CanLII 29557 (ON OMB) (CanLII) - Successfully defended validity of interim control by-law as counsel for the municipality
• Counsel for one of the developers in the first case to interpret the new Growth Plan as it applied to the new Region of Waterloo Official Plan, resulting in adoption by the Ontario Municipal Board of the landowners land budget providing an approximately 1,000 ha expansion for the region's urban area.
• Dolan v Ottawa (City), 2016 CanLII 10078 (ON OMB) - Successfully represented developer on motion to direct municipality to complete proper five year official plan process, where municipality had failed to do so.

Counsel on numerous expropriation arbitration hearings under the Expropriations Act, including a number of leading cases:

• Shergar Development Inc. v. The City of Windsor, 2019 ONSC 2623 (CanLII) - Represented Claimant in leading case on costs and interests pursuant to the Expropriations Act at the Divisional Court.
• Murray Bauman Investments v. MTO, unreported - Counsel for Claimant receiving over $100,000 in full indemnity costs award at a costs assessment pursuant to the Expropriations Act
• R. Jordan Greenhouses Limited v. Town of Grimsby, [2015] O.M.B.D. No. 95 - Counsel for Successful Claimant in a leading case obtaining injurious affection under the Expropriations Act in a "no land taken" case.
• 1353837 Ontario Inc. v. Stratford (City), 2013 CarswellOnt 8648 (OMB), 2016 CanLII 69891 (ON LPAT), 2017 CanLII 78415 (ON LPAT), 2018 ONSC 71 (CanLII) (Div Ct) - Counsel for the claimant on a number of leading decisions under the Expropriations Act.
• Marsdin et al v. Hamilton (City), 2013 CarswellOnt 10709 (OMB) - Successful counsel for the City on a leading case relating to costs under the Expropriations Act.

Counsel for appeals pursuant to the Assessment Act, including:

• Municipal Property Assessment Corporation ("MPAC") Region No. 05 v Kingston (City), 2019 CanLII 101169 (ON ARB) - Fully successful in motion to obtain fulsome disclosure from MPAC
• Jay Patry Enterprises Inc. v Municipal Property Assessment Corporation, Region 05, 2018 CanLII 70338 (ON ARB) - Successful lead counsel for land owner where the Assessment Review Board set a new test for s. 40(7) of the Assessment Act in situations where MPAC fails to meet their statutory burden.

Counsel for appeals and complaints pursuant to the Development Charge Act, including:

• Dymon Storage Corporation v Ottawa (City), 2017 CanLII 57424 (ON OMB) - Successfully overturned a decision of the municipality, reducing the development charges that had been improperly charged.
• Marjerrison v. Ottawa (City), 2015 CarswellOnt 15583 (OMB) - Successfully represented developer in challenging development charges and holding provision, and achieving award of $4 million from municipality.

Counsel on real property and construction litigation matters, in particular relating to real estate disputes and municipal law disputes, including:

• Union Gas Limited v. Norwich (Township), 2018 ONCA 11 (CanLII) - Counsel toe the Township of Norwich on a leading case pursuant to the Drainage Act.
• Millerson Group Inc. v Huntington Properties Ottawa Inc., 2016 ONSC 6106 (CanLII) - Lead counsel in two week trial fully successful in disproving allegations of fraud, and upholding the validity of a settlement agreement.
• Millerson Group Inc. v Huntington Properties Ottawa Inc., 2017 ONSC 3794 (CanLII) - As lead counsel, awarded costs totalling over $172,000.00 following successful two week trial in the Superior Court.