Kate Fairbrother  

Associate

Executive Summary

​Kate Fairbrother is an associate in the Toronto office of Borden Ladner Gervais and a member of the Environmental, Municipal, Expropriation and Regulatory group.

Kate provides strategic advice and representation to municipalities, public agencies and private landowners on a variety of land-related matters, including land use planning, expropriations and environmental law. She also advises on other municipal law issues including municipal finance, by-law interpretation and enforcement, governance and licensing.

Prior to joining BLG, Kate practiced at a law firm specializing in land use planning law and civil litigation. In 2013-2014, she clerked for Justices Weiler, Laskin, MacPherson and Benotto at the Court of Appeal for Ontario, where she worked on a wide variety of civil, commercial, administrative and criminal law appeals. Kate also summered with the Legal Services Branch of the Ontario Ministry of the Environment and in the Toronto office of a prominent international law firm.

Representative Work

  • Serves as counsel in proceedings before the Local Planning Appeal Tribunal (LPAT), all levels of court in Ontario, and mediators and arbitrators, and appears before various municipal councils and Committees of Adjustment.
  • Represents public and private sector clients in complex land use planning matters throughout Ontario, including official plan amendments, zoning by-law amendments, site plan approvals and plan of subdivision and condominium approvals for new subdivision, high-rise, infill and commercial development.
  • Assists clients in resolving all manner of issues affecting land use and development, including growth management, natural heritage, infrastructure and servicing, land use compatibility, employment land conversion and cultural heritage.
  • Prepares all forms of development agreements, including cost sharing, subdivision, site plan, section 37 and heritage easement agreements.
  • Provides legal opinions on municipal law matters, including the scope of municipal authority and action under the Municipal Act, 2001 and other legislation, environmental assessments, development charges, cultural heritage matters, Building Code matters, legislative and policy interpretation and the duty to consult and accommodate Aboriginal peoples.
  • Represents landowners and expropriating authorities in advancing or responding to expropriation claims relating to large and small scale infrastructure projects in Ontario, including local and regional transit, road and bridge projects.