Represented the Clearview Community Coalition (“CCC”) in its fight to stop a massive 42-million tonne aggregate quarry on the Brow of the Niagara Escarpment. Major issues of concern to CCC included haul route safety and noise. After a 15-month hearing, an unusual split decision (2-1) of the Joint Board approved the quarry but reduced the quarry footprint to preserve sensitive environmental features, including Ontario’s largest colony of the species of Special Concern, the American Hart’s Tongue Fern.

Represented Grey Matters in their fight to stop the proposed 247-acre, 1-million tonnes per year quarry adjacent to the Niagara Escarpment Plan area. Donnelly Law helped prepare the expert evidence of hydrogeologist, Daryl Cowell. The OMB allowed the quarry, but required a larger buffer zone the American Hart’s Tongue Fern, a key component of the case.

Successfully negotiated a major land securement agreement with the Ontario Realty Corporation as part of the Seaton Land Exchange, in Pickering Ontario.  Four ancient Huron-Wendat village sites were identified through a Class Environmental Assessment and preserved. In honour of Ms Heather Bastien’s advocacy on behalf of her nation, one of the sites was re-named the “Sebastien” site. Artefacts from the 2.5 hectares (6 acres) site have been firmly dated to the Middle Iroquoian period (A.D. 1275-1325). 

Represented a developer owning property adjacent to a major industrial facility. Negotiated a settlement with the Ministry of the Environment and Climate Change (as it then was) and City of Toronto permitting a doubling of the site’s density to four, 40-storey towers adjacent to the Scarborough Town Centre on the proposed new subway extension.

Represented a coalition of heritage groups in opposition to a proposed 18-storey tower on the historic Capital Theatre (Allen Bros) site located along Kingston’s premier heritage corridor, Princess Street.  Argued three-week case before the Ontario Municipal Board (“OMB”), calling some of Canada’s leading planning, urban design and heritage experts.

Negotiated a creative solution for client after his property was negatively impacted by new development. The neighbour's addition created significant shadowing. David Donnelly negotiated the installation of a solar water heater at the expense of the neighbour to benefit the client for lost sunlight.

Following this contentious three-month OMB hearing, awareness of the need for anti-SLAPP (Strategic Lawsuits Against Public Participation) grew into the current law, the Protection of Public Participation Act, 2014.  We also drafted the forerunner to the Lake Simcoe Protection Act, 2008.

Currently representing cottagers and residents of the Township of Muskoka Lakes opposed to a proposed 200,000 tonnes/annum below water table granite pit and quarry adjacent to the oligotrophic (ultra-sensitive) Skeleton Lake. Donnelly Law organized a four-person expert team and responses to technical deficiencies in the application, and deputed to Council, resulting in a 9-0 Council vote to oppose the re-zoning. According to Mr. Gord Miller, ecologist, the quarry “could significantly alter the character and ecology of the lake”. A three-week LPAT hearing is expected in 2019.

Successfully represented a residents’ association opposed to a 31-unit, low density, sub-division on the Oak Ridges Moraine. The Local Planning Appeal Tribunal held: the proposed zoning by-law amendment and draft plan of subdivision do not maintain an ecological corridor connecting the MacMillan Estate Woodlot and Patterson Woodlot key natural heritage features and thereby do not protect natural heritage features and areas for the long term or restore ecological functions or the diversity and connectivity of natural features on the Moraine.

Successfully represented the Friends of Fraser Wetlands Inc. and Curve Lake First Nation. The clients were in opposition to an application for a 60-lot condominium development on a property with 6.2 km of untouched shoreline on Stony Lake, adjacent to two Provincially Significant Wetlands.  At a three-week hearing, the application was denied.

Successfully represented Mr. Victor Doyle, MES, MCIP, RPP, before the Public Service Grievance Board. Mr. Doyle is widely considered to be the “architect of the Greenbelt”, but was transferred to a redundant, meaningless research position after speaking with the media about the real numbers behind Ontario’s available land supply. In its October 26, 2018 decision the Board confirmed that the “independence and impartiality of professional advice is a critical part of the service that citizens have a right to expect from their public servants”.