Tony Fleming is a Partner in the Land Use Planning and Development Group, the Environmental Law Group and the Municipal Law Group. The Law Society of Upper Canada recognizes Tony as a Certified Specialist in Municipal Law for his demonstrated expertise in the fields of Municipal Law and Land Use Planning and Development Law.
Tony provides advice and counsel to numerous municipalities in eastern Ontario on all aspects of municipal governance, by-law drafting, freedom of information, conflicts of interest, servicing, procurement, strategic planning and media relations. Tony negotiates and drafts a wide variety of agreements for our municipal clients, including cost sharing and front end agreements, Municipal Responsibility Agreements, shared services, encroachments and licences.
Tony regularly provides advice to municipalities and private sector companies on all aspects of land use planning and development, including subdivision control, zoning, condominiums, official plan polices brownfields and community improvements plans. Tony provides advice to ensure planning processes meet all the requirements of the Planning Act in addition to reviewing and revising draft documents to ensure they are enforceable and represent Council’s intent. Tony appears before the Ontario Municipal Board, and the Assessment Review Board. In addition, Tony appears in all levels of Ontario Courts on administrative law matters, including defending challenges to municipal by-laws.
Tony has acted for municipal and private clients in environmental law matters on a broad range of issues, including contaminated land transactions, contaminated land litigation, managing the liability associated with landfills and other contaminated lands, defending against prosecutions and appealing Ministry orders. Tony has defended large and small corporations and municipalities against Ministry of the Environment orders and manages regulatory investigations and prosecutions (Environment, Labour, Natural Resources, and Fisheries and Oceans).
Tony acts as prosecutor for municipalities, Conservation Authorities and Public Health Units under a variety of by-laws and statutes including the Building Code Act and the Municipal Elections Act.
Prior to joining Cunningham Swan, Tony was Senior Legal Counsel with the City of Kingston. Tony focused on providing advice on land use planning and development and environmental law with the City of Kingston, building on his experience in private law firms in Toronto where Tony practised as a land use planning and environmental lawyer.
Tony has developed and delivered training for expert witnesses at the OMB for a number of Conservation Authorities and land use planners. Tony speaks frequently in the areas of land use planning, municipal law and environmental law at the invitation of the Ministry of Municipal Affairs and Housing as well as at the Ontario East Municipal Conference, Law Society of Upper Canada continuing legal education programs and private legal education conferences. In addition, Tony regularly delivers specialized training to municipal councils and their staff.