Solicitor (Property)

The Role

Provides legal advice and recommends courses of action to Regional Council, Committees, staff, and external professionals. Protects and advances the organization’s legal interests by ensuring Regional actions, policies, programs and regulations are legal, enforceable, and functional, participating in corporate decision-making bodies, and negotiating and drafting legal documents to implement Council decisions.

Duties/Responsibilities

• Supervises the work of Legal Assistants and Real Estate Consultants. Directs, monitors, and advises retained outside Counsel for assigned area of responsibility. Provides direction to project managers regarding expropriation policies and processes, as required.
• Oversees appraisers and surveyors for completeness and accuracy of reports and surveys prepared for the Region.
• Prepares reports for, and attends assigned Council and Committee meetings to provide Council and staff with legal opinions, advice, recommendations for action, information pertaining to legal matters, and services.
• Prepares legal documents and provides advice to staff and Council regarding expropriations including costs related to liability under the Expropriations Act for damages such as injurious affection, determining legal land interest holders from title searches, legal descriptions of lands and compliance with the Act. Oversees the preparation of expropriation notices and documents, per legislative deadlines. Negotiates and drafts agreements (e.g., purchase of sale, commercial, other related), including settlement agreements in connection with expropriations such as injurious affection claims. Advises the Director on retaining external Counsel to represent the Region, as required.
• Reviews, drafts, and negotiates agreements of purchase and sale for the conveyance of lands (e.g., transfers, easements, applications). Reviews title searches to identify issues with legal title to property owned/to be owned by the Region; corrects issues; reviews, drafts, and negotiates easements, license agreements, leases and other legal documents related to real estate transactions and conditions of development approvals. Ensures transactions are approved and finalized.
• Reviews and provides advice on applications (e.g., site plan, consent, access permit) in connection with rapid transit land acquisition and negotiations. Collaborates with Real Estate and Rapid Transit staff to negotiate terms and conditions of land acquisition agreements.
• Advises, drafts, and negotiates legal documents and makes recommendations to Rapid Transit.
• Provides advice and services to Rapid Transit regarding construction disputes, liens and bonding, the tendering process, and the preparation and interpretation of construction documents.
• Provides advice and services regarding interpretation of the Rapid Transit Project Agreement and related processes, including dispute resolution.
• Provides drafting and legislative services to Rapid Transit by reviewing, preparing, and negotiating contracts, agreements, and bylaws.
• Reviews, drafts, and provides legal advice for agreements and other relevant documentation related to the acquisition of lands and easements required for capital and transit projects, settlement of compensation, and related procedures/processes.
• Provides legal advice to Council and staff on the disposition of surplus Regional lands.
• Provides advice and legal opinion on real estate property issues (e.g., property inquiries to determine ownership/title by Region or abutting owners, title searches).
• Provides legal advice on inquiries related to Regional roads (e.g., access, jurisdiction, construction of improvements).
• Reviews, drafts, and provides legal advice on agreements and bylaws (e.g., encroachment agreements, consent to enter agreements, road opening/closing bylaws), acquisitions of road widenings and easements as conditions of planning approvals.
• Ensures compliance with applicable legislation, rules, regulatory requirements and policies.

Additional Duties/Responsibilities

• Assists the Director to develop and implement the divisional strategic plan.
• Assists the Director to prepare the Division’s budget by compiling information and making recommendations. Makes recommendations for office supplies, equipment, and library resources.
• Reviews, drafts, and negotiates development agreements and other legal documents related to real estate transactions and conditions of development approvals. Ensures transactions are approved and finalized.
• Reviews and comments on Applications for Absolute Title.
• Maintains information resources related to precedents for land acquisitions and expropriations.
• Has unlimited signing authority to requisition cheques related to and required for area of assigned work, including real estate transactions, contractual obligations, and litigation settlements.
• Deals with Regional Departments, staff, Council, lawyers, government officials, special interest groups, the media, developers, agencies, and the public. Defends and advances the Region’s position before external decision-making bodies, including the Ontario Land Tribunal as part of the Expropriations Act.
• Performs related duties, as required.

Knowledge, Skills, and Abilities

• Knowledge of and skill in law, analytical techniques, negotiation, mediation, communication and professional judgment in applying knowledge to resolve issues, acquired through a law degree from a recognized law school, and fulfillment of Bar Admission requirements; plus extensive real estate experience, including experience in independent carriage of real estate files and varied Court and tribunal appearances.
• Must be registered as a lawyer with the Law Society of Ontario.
• Knowledge of municipal law, real estate, expropriations, civil litigation, debtor-creditor, corporate commercial, environmental, family, wills and estates, public and administrative law, criminal law, and constitutional law.
• Knowledge and understanding of the corporation, including its overall organizational structure, its powers, jurisdiction, authority, and the constraints on its freedom of action. Knowledge of corporate policies and procedures and an ability to apply them to any conceivable set of facts or circumstances to achieve Regional goals and objectives, or change them per legislation.
• Negotiation, analytical, problem solving, research, time management, continuous improvement skills to plan and develop objectives/goals.
• Leadership, communication, negotiation, persuasion, and human relations skills to supervise, train, develop, motivate, and support staff; present/explain complex or politically sensitive issues to Council, senior management, staff, associated agencies, the public, and the media; present to Council, Courts, tribunals, and other groups; and participate as an effective team member.
• Ability to read, interpret, and analyze legal documents, including research and statutory interpretation. Ability to write complex and technical pleadings, legal opinions, documents, bylaws, and reports for staff, Council, and its Committees, involving precise use of specialized language.
• Computer skills using software such as Microsoft Office and legal databases.
• Ability to work irregular hours and evenings for Council meetings, and as required.
• Ability to travel within and outside Waterloo Region.
• Ability to support and demonstrate the Region’s values.

Equal Employment Opportunity

• First Nations, Métis and Inuit peoples, and all other Indigenous peoples;
• members of groups that commonly experience discrimination due to race, ancestry, religion and/or spiritual beliefs, or place of origin;
• persons with visible and/or invisible (physical and/or mental) disabilities;
• persons who identify as women; and persons of marginalized sexual orientations, gender identities, and gender expressions