Papers - Terms and Conditions


Welcome to the Online Paper Access Program for the 2009 Annual Conference in Miami, Florida. The papers are organized in chronological order, similar to the Official Conference Program. The Paper Access Program does not list all the events and programming at the Conference, it only lists the parts of programming that have papers. For the full details, please refer to IMLA's Official Program for the Conference.



Note: These files are in pdf or powerpoint.  Adobe Reader is available free from Adobe.


IMLA will grant you a nonexclusive, nontransferable, limited right to access, to display on your computer, download 09 Conference papers, and to use the website and services consistent with these Terms. These documents are for 2009 Conference attendee use only, and are not to be sold or used for private gain. Unauthorized attempts to upload or change information, to defeat or circumvent security measures, or to utilize this site for other than its intended purpose, are prohibited. Reproduction of the 09 Conference papers offered through this website may be made without limitation as to number, provided that such reproductions are not for private gain, and that appropriate attribution is given (contact IMLA for this). Some information contained on this website may be copyrighted by its owner(s), and permission to use such copyrighted materials must be obtained from the appropriate owner of the copyrighted material. Our permission to reproduce our publications does not apply to these materials. Unless otherwise indicated, you may not alter or modify any of the content that you print or download from our website. All other rights reserved.

By clicking on the link titled "ACCESS CONFERENCE PAPERS", you are indicating your agreement to be bound by these Terms and Conditions.

Thank you for supporting IMLA. Welcome to MIAMI!



Canadian Institute

A Special Offer for IMLA’s Canadian Members

The Canadian Institute's 18th Annual Provincial/ Municipal Government Liability Conference 

This event, which will take place on February 23-24, 2012 at the Marriott Bloor Yorkville in Toronto , is designed to help you address potential problems not only at the litigation stage but before the claim arises.   

IMLA is once again a Supporting Association for this event, and we're pleased to advise that IMLA members are entitled to a 10% discount off the cost of the registration to attend this event. This event is designed to help you address potential problems not only at the litigation stage but before the claim arises.

The 2012 topic lineup includes: Road/sidewalk liability, managing disasters and emergencies, municipal bylaw enforcement, new case law from the Supreme Court of Canada on Charter damages, new and emerging risks of procurement, class actions against municipalities, and more!

To view a PDF of the full agenda and speaker list, see the unique URL  To take advantage of this offer, when registering please mention the discount and quote priority service code: 336BX03.  To register, visit  or call 1-877-927-7936.



2008 Canadian Stand Alone Program - May 15, 2008

IMLA In Canada!

Trends and Foes: Managing Change and Risk in Municipal Law


WHEN: Thursday, May 15, 2008  

WHERE: The Holiday Inn on King, 370 King St. West, Toronto, ON

(NEW! - APRIL 2, 2008) - Program - Now Available!

(NEW! - APRIL 2, 2008) - This program has now been accredited by the Law Society of Upper Canada towards the professional development requirement for certification in the specialty area of municipal law (intermediate level) for SIX hours of credit.


Program Co-Chair – John Mascarin (Aird & Berlis, LLP)

Program Co-Chair – Anna Kinastowski (City Solicitor, City of Toronto)

Litigation and Liability

Avoiding the Pitfalls– Regulating Outdoor Advertising and the Charter of Rights and Freedoms – Chris WILLIAMS (Aird & Berlis, LLP)

Minimizing Liability Challenges – Spills, Contamination, and Odours – Marc McAREE (Willms & Shier, LLP)

Regulatory Negligence: Negligence with or Without a Difference?–Daron L. EARTHY (Loopstra Nixon, LLP)

Planning and Land Use

Acquisition of Lands and Expropriation Update – Kelly YERXA (O’Connor Macleod Hanna LLP)

National Trends in Planning and Zoning: An Overview – Bill BUHOLZER (Lidstone Young Anderson)

The Environment

Greening the Municipal Code - A Potpourri of Environmental Issues – Graham REMPE (City of Toronto)

Municipal Regulation of Vehicle Idling – Steve PHIPPS (City of Edmonton)

Navigating Municipal Issues

Ministry/Municipality Memoranda of Understanding (MOUs) Respecting Mutual Cooperation: The Current Canadian Experience – Leo LONGO (Aird & Berlis)

Municipalities and The Duty to Accommodate – Heather CRISP (City of Toronto)

In addition, there will be a Cocktail Reception hosted by the law firm of Aird & Berlis, LLP after the presentations for all speakers and attendees. We are coordinating the Seminar to enable attendees to attend the May 16 meeting, in Toronto, of the Municipal Law Departments Association of Ontario meeting. The MLDAO Web site is at

COST (All Rates in USA Dollars)

$300 (members); $600 (nonmembers) March 22 to March 31, 2008

$325 (members); $650 (nonmembers) April 1 to April 30, 2008

$350 (members); $700 (nonmembers) May 1 onwards.(All amounts shown are in US$).

HOTEL The event hotel is located in the heart of downtown Toronto’s entertainment district. The Holiday Inn on King is offering attendees a discounted rate of $159 plus tax/night (single or double) for anyone wishing to stay overnight. For information on hotel room availability and reservations, please contact the Holiday Inn on King at (416) 599-4000, or toll-free at 1-800-263-6364. When making your reservation, please refer to "IMLA8" to get the IMLA rate.

IMLA Thanks Our Event Sponsors, Aird & Berlis LLP and O'Connor Macleod Hanna, LLP! 

Aird & Berlis LLP

Aird & Berlis LLP is a prominent law firm in Toronto. The members of the well-recognized Municipal and Land Use Planning Group devote their practice exclusively to matters relating to municipal law, land use planning and development law, acting on behalf of numerous municipalities and local government entities as well as private sector clients. The lawyers in the Municipal and Land Use Planning Group appear regularly before all levels of the Ontario Courts and various tribunals on land use matters including, most predominantly, the Ontario Municipal Board.  The Municipal and Land Use Planning Group lawyers are acknowledged experts in their fields, having written the leading texts on the Municipal Act, 2001, the Planning Act, the Building Code Act, 1992 and, most recently, on the City of Toronto Act, 2006. The firm website is


O'Connor MacLeod Hanna LLP

The Municipal Law Group of O’Connor MacLeod Hanna LLP has many years of experience representing public sector clients on a full range of municipal, planning and environmental law issues, including: subdivision and condominium processing and e-registration; drafting of by-laws and policies, and by-law enforcement; land use planning and development; representation before the Ontario Municipal Board, other tribunals, and the courts; building and fire code issues; municipal liability; real estate transactions; environmental standards and approvals; expropriation; procurement; municipal tax sales, and more. The firm website is

For additional information or if you have questions, please e-mail or call IMLA at This email address is being protected from spambots. You need JavaScript enabled to view it.  or phone (202) 466 5424.

All rates in US dollars.



NAAG/SABA - Bankruptcy from a Government Perspective Seminar

The National Association of Attorneys General (NAAG) will be joining the States' Association of Bankruptcy Attorneys (SABA) to hold their annual seminar on Bankruptcy from a Government Perspective under the auspices of the National Attorneys General Training and Research Institute (NAGTRI). The program will be held at the Doubletree Hotel in Nashville, Tennesee from October 25 - 28, 2009.

As the turmoil of the last year has worked its way through the economy, there has been a flood of bankruptcy filings in every sector, ranging from the mortgage industry, to health care, to sporting endeavors, to the recent dramatic filings by two of the Big Three auto makers. In each of those areas, the States have many interests ranging from protecting consumers, to standing up for the interests of local businesses affected by the bankruptcy filings, to guarding the States’ own fiscal interests in collecting taxes, enforcing contracts, and remedying enviromental contamination at plants located in the States. What the year’s events have made clear is that the pace and size of bankruptcy filings have increased geometrically putting increased strain on the States’ ability to respond to them. As a result, the need to have counsel with bankruptcy training and experience in place in your offices has become ever more clear.

The discussion at this conference will be an invaluable opportunity for your staff and staff in your client agencies to learn about the Bankruptcy Code, the changes put in place in the statute in 2005, and the way those provisions are playing out in the new economy. The seminar runs for three and a half days and is designed to be helpful to everyone in your office, from the bankruptcy novice to the experienced practitioner. It is open to attorneys, paralegals, and other staff members in the offices of Attorneys General as well as those in other government agencies, such as revenue offices, and in private practice who work on government bankruptcy issues. It will provide an in-depth education for bankruptcy novices about the whole scope of the Bankruptcy Code as it applies to governmental entities. At the other end of the scale, it will allow your experienced counsel to engage with their peers in other States, as well as local and federal counsel, to determine how to confront the new challenges in protecting the interests of the States and your constituents. We urge you to distribute this invitation as widely as possible within your office and related agencies, as bankruptcy issues arise in every substantive area.

The seminar will begin Sunday afternoon with an optional session providing a quick overview of bankruptcy topics as a base for the more detailed discussions during the remainder of the conference. There will also be a session on e-discovery issues to assist State counsel with sorting out the vast amount of financial information that can be reviewed during the case. Over the next three days, we will work through the bankruptcy process from the initial filing through plan confirmation and thereafter. We will have a number of breakouts: some will split into beginning and advanced reviews of a topic, while others will focus separately on the interests of taxing agencies and regulatory offices. The advanced group will have an in-depth review of the use of sales as an alternative to the traditional plan process as well as discussion of scenarios inwhich the government becomes the controlling party in a bankruptcy case.

We will have a distinguished panel of presenters for the seminar, including bankruptcy judges, trustees, private attorneys, and experienced bankruptcy counsel from state, local, and federal agencies. Each has been selected based on his or her experience and expertise with respect to the unique issues faced by governmental counsel in bankruptcy court. A tentative agenda is attached hereto with generalized descriptions that be updated and expanded.


RLUIPA Audio Conference

Avoiding a Zoning Battle between "Ministry" and Municipality ... or Fighting One If You Must: Strategies for Local Governments Facing RLUIPA Claims


This Audio CLE Event is now over.

A special thanks to our speakers Patricia Salkin, Adam Kingsley and Alan Weinstein.

If you missed the IMLA /Strafford Publications audio-conference on "Avoiding a Zoning Battle between "Ministry" and Municipality ... or Fighting One If You Must: Strategies for Local Governments Facing RLUIPA Claims," a CD of the entire audio-conference proceedings, including the Q & A portion and pdf files of all handout materials, will be available for purchase by April 4th. IMLA members are entitled to a $50 discount off the regular purchase price of $297 (there is also a special price for the CD for those who registered for this event). For details, see  The Program Outline is available at 



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