Alan M. Heisey Q.C.

Alan M. Heisey Q.C.

Founding Partner
Location:
Toronto, Ontario, Canada
Phone:
416-601-2702
Email:

Email:           heisey@phmlaw.com 
Assistant:     Chantea Bostock
Phone:          416-601-2002
Email:           cbostock@phmlaw.com

Alan began working with Barry Papazian and Ben Forrest in 1987 and the three of them (together with Michael Myers) formed Papazian Heisey Myers as founding partners in 2001.

Experience
Alan regularly appears before various tribunals and courts. He has acted for large corporations, including railways, on a number of interesting and important development issues.

Alan has lectured and taught municipal law at McGill University, the University of Waterloo, the Bar Admissions Course, the Real Estate Institute of Canada, Ryerson Polytechnical University and the Municipal Law Section of the Canadian Bar Association.

Outside of his law practice, Alan has contributed considerable time to public service. Alan is currently Vice Chair of the Toronto Transit Commission Board. He is a former  Chair of the Toronto Police Services Board  , and former Chair of the Toronto Parking Authority Board .

Development and Municipal Law, Labour and Employment Law, Human Rights Law and Civil Litigation
Alan has appeared before administrative tribunals and courts which include the Ontario Municipal Board, the Superior Court of Justice, the Divisional Court , the Court of Appeal, Committees of Adjustment, Property Standards Committees and the Joint Hearings Board, the Assessment Review Board, the Ontario Human Rights Commission, the Ontario Labour Relations Board,  the Ontario License Appeal Tribunal, and Referees Appointed under the Employment Standards Act. In the Federal jurisdiction Alan has conducted hearings or matters before the Canadian Human Rights Commission, the Canadian Labour Relations Board and the Canadian Transportation Agency.

Land Development and Municipal Law
Nova Res Urbis, the Toronto land development industry trade publication, annually ranks the best development law firms. PHM’s strength in this area has been praised, with the firm ranking in the top 20 land development firms 9 out of the last 10 years, and has ranked as highly as 6th. PHM is proud to earn these accolades, especially when it is considered that the Nova Res Urbis rankings include large national and multinational firms.

Alan has extensive experience with development charges, section 37 agreements, land use planning, air emissions, acoustical, hydrogeological, ecological, biological, land economist, transportation, wildlife corridor, expert evidence, licensing applications under the Aggregate Act, the Oak Ridge’s Moraine Conservation Plan and  the Niagara Escarpment Plan

Alan’s clients in the Land Development Industry have included Menkes, History Hill, Cortel Group, Castlepoint Developments, Tribute Developments, Freed Corp and Terra Corp

Alan’s public sector clients in the municipal and development law area have included the Town of Markham, GO Transit, the Rouge Park Alliance, the Region of York, the City of Surrey B.C. and the City of Toronto.

Industrial and transportation clients have included United Parcel Service (Canada) Inc. Ottawa Central Railway, Southern Ontario Railway, CP Rail, Toronto Terminals Railway (Toronto), Loblaw’s Properties Limited, Toronto Terminals Railway, Via Rail , GO Transit, Metrolinx , Infrastructure Ontario, Ontario Realty Corp and CN Rail (throughout Ontario).

Labour and Employment Law, Human Rights Law and Civil Litigation
The labour and human resources areas of Alan’s practice includes wrongful dismissal defense work, grievance arbitrations, human rights litigation, labour negotiations, employment standards, Occupational Health and Safety Act matters and applications for judicial review of arbitrator's awards by appellate courts.

In the grievance arbitration area, Alan has conducted well over 100 arbitrations in the areas of theft, innocent absenteeism, alcohol and drug issues, classification, contract interpretation etc. He has appeared before the Canada Industrial Relations Board and the Ontario Labour Relations Board.

Clients in the Labour Law, Human Rights and Employment Law Areas have included the Toronto Terminals Railway, Canadian National Railway, the Metropolitan Toronto Zoological Society, York Region Children’s Aid Society, Find Help Toronto, the Toronto Business Development Centre,  York Region Neighbourhood Services.

Areas of Practice

  • administrative law
  • civil litigation
  • development and municipal law
  • labour and employment law
  • human rights law
  • outside general counsel to NGO’s and small organisations

Bar Admissions

  • Ontario, 1980

Education

  • York University, Osgoode Hall Law School, North York, Ontario, Canada
    • Bachelor of Laws - 1978
  • University of Toronto (University College)
    • Bachelor of Arts - 1975
    • Major: Political Science and Economics

Published Works

  • Author of article entitled Municipal Undesirable Land Uses and How to Manage Risk Through the Land Use Process in the December, 2009 Journal of Municipal Liability Risk Management
  • Principal Author of the Report of Toronto Police Services Board concerning reform to the police complaints system dated July 20, 2004 to the Lesage Review of the System for Complaints by the Public Regarding the Police Established by the Government of Ontario

Representative Cases

  • Naccarato vs. Markham (2011) 68 O.M.B.R. 230
  • Jane Ruth Development Inc. v. City of Vaughan (2005) 49 O.M.B.R. 72
  • 1309230 Ontario Ltd. v. City of Toronto (2004) 47, O.M.B.D.R. 132
  • Himel et al. v. City of Toronto (2003) 46, O.M.B..R. 343
  • Canadian National Railway Company v. Canada Square Development Company (2001) 41, O.M.B.R. 396
  • Ontario (Ministry of Municipal Affairs & Housing) v. Ontario (Municipal Board) (2001) 41 O.M.B.R. 257
  • Re Toronto (City) Zoning By-law 306-2001 (2001) 43 O.M.B.R. 95
  • Lucente et al. v. City of Toronto, (2000) 40 O.M.B.R. 489
  • Keshen v. City of Toronto Committee of Adjustment (1992) 28 O.M.B.R. 324
  • Re City of Windsor Zoning By-Law 12832, (1998) 37 O.M.B.R. 262
  • Re Yonge Street Regeneration Project, (1998) 36 O.M.B.R. 321
  • Re City of York Official Plan Amendment 105 and Zoning By-law 2171-91 (No. 1), (No. 2) and (No. 3) (1993) 27 O.M.B.R. 41, 47 and 52
  • Newman v. Toronto (City) (1997) 35 O.M.B.R. 475
  • Property House Corp. (Canada) Ltd., Re (1991) 27 O.M.B.R. 47
  • Re Vaughan (City) Official Plan Amendment 283 (1991) 25 O.M.B.R. 468
  • Re Scarborough (City) Official Plan Amendment 759 (1991) 25 O.M.B.R. 305
  • Manalco Trust v. North York (No. 1) and (No. 2) (1990) 25 O.M.B.R. 203 and 207
  • Bongard v. North York (City) (1990) 24 O.M.B.R. 360
  • Blue Circle Canada Inc. v. Burlington (City) (1990) 40 O.M.B.R. 181
  • Brdlik v. City of Scarborough (1990) 24 O.M.B.R. 247
  • Re Toronto (City) Official Plan Amendment 333 (1986)19 O.M.B.R. 232
  • Jesna Enterprises v. City of Brampton (1986) 19 O.M.B.R. 83
  • North York O.P.A. No. D-11-1011 (1984) 16, O.M.B.R. 167
  • Re Supportive Housing Coalition of Metropolitan Toronto (1983) 30 O.M.B.R. 136 at 137
  • George Wimpey Canada and Region of Durham (1983) 15 O.M.B.R. 75
  • Torrance v. Township of Mono (1981) 14 O.M.B.R. 200
  • Tucciarone v. Aurora (Town) (1980)11 O.M.B.R. 54
  • The Queen in Right of Ontario et al. vs. Oak Ridges Moraine Farm Co. Tenancy et al. (2001) 41 O.M.B.R. 257 (Sup. Ct. J.)
  • Ryshpan v. Burns Fry Ltd, (1995) 10 C.C.E.L. (2d) 235
  • Veri v. Stoney Creek (City), (1995) 26 M.P.L.R. (2d) 312
  • Kitchener-Waterloo Real Estate Board Inc. v. Ontario,(1986) O.R. (2d) 94, (1986) 30 D.L.R. (4th) 279, (1986) 32 M.P.L.R. 1, (1986) 42 R.P.R. 128
  • Ryan v. Citadel General Assurance Co., (1983) 42 O.R. (2d) 586, (1983) 149 D.L.R. (3d) 476, (1983) 2 C.C.L.I. 4, [1983] I.L.R. para. 1-1670 at 6416
  • Ontario (Assessment Commr.) v. Hudson’s Bay Co. (1983) 42 O.R. (2d) 436, (1983) 149 D.L.R. (3d) 84, (1983) 23 M.P.L.R. 37
  • Southampton (Town) v. Samuels, (1983) 41 O.R. (2d) 325, (1983) 146 D.L.R. (3d) 113, (1983) 22 M.P.L.R. 44
  • Re OPSEU v. Ontario Public Service Staff Union (1987) 28 L.A.C. (3d) 10
  • Re OPSEU v. Ontario Public Service Staff Union (1984) 16 L.A.C. (3d) 278
  • Re Alcan Canada Products Ltd. And Metal Foil Workers’ Union, Local 1663 (1982) 5 L.A.C. (3d) 1
  • Re Clements and the Crown in Right of Ontario (Liquor Control Board of Ontario) 28 L.A.C. (2d) 289
  • Re Abbott and the Crown in Right of Ontario (Liquor Control Board of Ontario) (1981) 29 L.A.C. (2d) 215
  • Re Dallas and the Crown in Right of Ontario (Liquor Control Board of Ontario) (1980) 28 L.A.C. (2d) 369

Classes/Seminars

  • Speaker at a conference called Planes, Trains and Municipal Pains: Railway Safety, Airport Zoning Matters and PILTs convened by the Canadian Bar Association on June 5, 2014
  • Guest lecturer at the Mega Infrastructure Projects Course at Windsor Law School on September 29, 2011 and January 29, 2013
  • Guest Lecturer at the Transportation Law and Transportation Law Policy Courses at McGill Law School in Montreal, Quebec in 2005-2009
  • Panelist on Civilian Oversight of Police Services at the Civilian Oversight Conference at Toronto City Council Chambers May 13, 2006 convened by the Toronto Police Services Board
  • Speaker at the 15th Annual Police Association of Ontario Conference on Labour Relations and Policing on the Topic of Police Services Boards as Employers, Are they One? on March 7, 2006 at Weston, Ontario
  • Panelist on Seminar for Police Services Board Member Training for Policy Governance held by Solicitor General of the Province of British Columbia in Tsawwassen, BC on June 26, 2004
  • Speaker at the 2004 Annual Conference of the Canadian Association for Civilian Oversight of Law Enforcement (CACOLE) in Toronto, Ontario on June 25, 2004 on the subject of police oversight
  • Speaker and Panelist at City of Toronto Mayor’s Youth Summit at St. Lawrence Hall on May 13, 2004
  • Speaker at Toronto Police Service Summit on Public Safety at Queen’s Park, Toronto on March 31, 2004
  • Speaker at International Rights of Way Association in Niagara Falls, Ontario on November 8, 2002 on the use of environmental corridors to protect utility and transportation companies from incompatible development adjacent to utility and transportation corridors
  • Speaker at conference on the topic of the use of Environmental Easements in Protecting Transportation Operations at the Proximity Group of the Railway Association of Canada at Toronto on August 16, 2002
  • Panelist at seminar entitled “Communicating in Uncertain Times” convened by the American Marketing Association (Toronto Chapter) and Canadian Marketing Association in Toronto on November 12, 2001
  • Panelist at Ontario Municipal Board Member’s Meeting on January 24, 2000 in Toronto concerning Expert Acoustical Evidence and Noise and Land Use Compatibility Guidelines and Policies

Honours and Awards

  • Queens Counsel , 1993 - 2016
  • Toronto City Council ceremonially named the Sherbourne Street cycle track Alan Heisey February 10, 2015.[38] In recognition of his contributions to the creation of a network of separated bicycle lanes .

Professional Associations and Memberships

  • Canadian Transportation Lawyers Association , Member, 2013 - 2016
  • Canadian Bar Association , Municipal Law Section , 2014 - 2016

Pro Bono Activities

  • Vice Chair and Director of the Board Toronto Transit Commission, 2013 - Present
  • Director and Chairman of the Board, Toronto Police Services Board, 2001 - 2004
  • Director and Chairman of Board of Directors, Toronto Parking Authority, 1992 - 2001
  • Part-time Chair, Insurance Advisory Board, , 1988 - Present