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Eileen P. K.
Costello

Partner
  • ecostello@airdberlis.com
  • 416.865.4740
Office:
  • Toronto Office
Call to Bar:
Admitted to the Ontario Bar: 2002
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Eileen Costello
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  7. Eileen P.K. Costello

Eileen is a member of the firm's Municipal, Land Use Planning & Development Group, as well as a member of the firm’s Executive Committee. She assists clients with acquiring development approvals for a broad range of projects and advises municipalities on all aspects of the statutory and regulatory scheme which governs land development and regulation in Ontario. 

Eileen’s outgoing personality and natural storytelling abilities make her a convincing and relatable advocate. Eileen’s commitment to her community and to the broader precepts of city building give her a well-rounded – and particularly effective – approach to her clients’ matters. 

She appears regularly before municipal authorities and administrative tribunals. Eileen also appears before the Superior Court of Justice, the Divisional Court and the Court of Appeal in respect of leave motions and appeals from the Ontario Land Tribunal (formerly the Local Planning Appeal Tribunal), bylaw interpretation matters, and matters under the Ontario Heritage Act.

Eileen is the author of The Ontario Heritage Act and Commentary and regularly advises private property owners and municipal governments in respect of property designations, heritage conservation, districts and property standards bylaws to address designated properties.

Eileen is an active citizen in her community and sits on a number of non-profit boards. This, together with her young family, provides perspective and meaning to her work on behalf of clients.

Expertise

  • Municipal, Land Use Planning & Development

Representative Matters

Representative Matter

Homestead Land Holdings Ltd. Successful in Ontario Superior Court of Justice Decision

On June 17, 2022, the Ontario Superior Court of Justice (Divisional Court) released its decision in Frontenac Heritage Foundation v. Homestead Land Holdings Ltd., concerning two proposed high-rise buildings in downtown Kingston.

June 28, 2022

Representative Matter

First Capital Realty Inc. Completes Joint-Venture Acquisition of 101 Yorkville Avenue

First Capital Realty Inc. (“First Capital”) completed the joint-venture acquisition of the property municipally known as 101 Yorkville Avenue on a 50-50 basis with a non-managing partner for an aggregate purchase price of approximately $29 million.

September 30, 2016

Professional Involvement

Professional Activities

  • Board of Directors, The Bentway Conservancy
  • Member, Women’s Leadership Initiative (WLI) Championship Team, Urban Land Institute Toronto
  • Board of Directors, Ontario Heritage Trust
  • Vice Chair of the Board, Canada Ireland Foundation, Chair of The Corleck Construction Committee

Memberships

  • Canadian Association of Heritage Professionals
  • Canadian/Ontario Bar Association (Municipal Law Section and Administrative Law Section)
  • Community Heritage Ontario
  • Irish Canadian Chamber of Commerce
  • Urban Land Institute (ULI)
  • Heritage Toronto

Community Involvement

  • Chair of the Program Committee, Ontario Heritage Trust (2024)
  • Chair of the Board of Governors, The Corporation of Massey Hall & Roy Thomson Hall (2016 – 2019)
  • Member, Board of Governors, The Corporation of Massey Hall & Roy Thomson Hall (2010 – 2016)
  • Director, Ireland Park Foundation (2011 – 2016)
  • Board of Management, Fort York National Historic Site (2007 – 2011)
  • Co-Chair, Fort York Citizenship Committee (2009 – 2011)
  • Mentor, Pathways to Education (2005 – 2007)

Teaching Engagements

  • Instructor, Ryerson University Graduate Program in Planning (2008 – Ongoing)

Speaker, "Practical Insights for Drafting Heritage Designation By-Laws," Ontario Legal Conference, February 3-6, 2026.

Speaker, "The Future of Development: Innovation and Trends," OHBA Conference, September 23, 2024.

Speaker, "Bill 23 Changes to the Ontario Heritage Act," The Six-Minute Municipal Lawyer 2023 (Law Society of Ontario, Virtual Event), May, 2023.

Speaker, "Ontario Heritage Act," A Deep Dive: Analyzing the Legislative Changes of Bill 23 (Webinar), March, 2023. 

Panellist, MOD Developments City-Building Discussion, October 2022.

Guest speaker, Virtual REALPAC Law in CRE Course, September 2021.

Master of Ceremonies, LandPRO Conference, March 2020.

Instructor, Ryerson University Graduate Program in Planning, 2008 – Ongoing.

“Legal Issues in Property Development - Managing The Approval Process & Mitigating Risk,” Real Property Investment Certificate, November 2015 and April 2017.

“Legal Issues in Property Development - Managing The Approval Process & Mitigating Risk,” Ryerson School of Business Management, January 2017.

"Discussions on the Heritage Act," Canadian Association of Certified Planning Technicians Professional Development Conference, October 2009.

Co-presenter with Leo Longo, "Five Things Real Estate Lawyers Need to Know About the New Ontario Heritage Act Regime," The Law Society of Upper Canada's 5th Annual Real Estate Law Summit, April 2008.

Co-presenter with Leo Longo, "Legal Opportunities and Constraints to Heritage Preservation and Conservation," Heritage Ontario Conservation Conference, June 2008.

"Ontario Heritage Act," OBA 2008 Institute Municipal Law Program, February 2008.

"The 'New' Building Code Act," Aird & Berlis LLP's New and Emerging Municipal Issues and Legislation Conference, June 2005.

Quoted in "GE Vernova Objects to City of Peterborough's Notice to Designate Historic GE Factory Buildings," kawarthaNOW, January 13, 2026.

Co-Author, "Ontario Approves Majority of Toronto’s Major Transit Station Areas and Protected Major Transit Station Areas With Amendments," Aird & Berlis LLP, Municipal & Planning Law Bulletin, August 20, 2025.

"Ontario Heritage Act & Commentary," published by LexisNexis, February 2010.

"Amendments to the Ontario Heritage Act,” TechTalk, Ontario Legislative Update, Fall 2005.

"The New Ontario Heritage Act," Digest of Municipal and Planning Law, Issue 6 (2d), June 2005.

Co-Author with Robert G. Doumani, "Some Legal Issues Concerning Affordable Housing as a Municipal Capital Facility."

Co-Author with N. Jane Pepino, "Conversion, Demolition & Substantial Renovation of Rental Units - A Review of Official Plan Policies, Critical Caselaw and Current and Emerging Policy Considerations," December 2003.

Related Publications

Article

Ontario Approves Majority of Toronto’s Major Transit Station Areas and Protected Major Transit Station Areas With Amendments

August 20, 2025

Article

More Homes Built Faster Act, 2022 Proposes Significant Changes to Legislation

October 27, 2022

Article

City of Toronto Introduces Inclusionary Zoning Framework

November 10, 2021

Article

Inclusionary Zoning – What Does It Mean for My Development Project?

January 13, 2021

Related News

Firm News

Aird & Berlis Recognized in 2026 Canadian Legal Lexpert Directory

March 17, 2026

Firm News

Aird & Berlis Named Top Planning and Development Law Firm in 2025 NRU GTHA Ranking

December 17, 2025

Firm News

Aird & Berlis Recognized in Chambers Canada 2026

September 25, 2025

Firm News

Eileen Costello Elected to Board of Directors of The Bentway Conservancy

August 14, 2025

Firm News

Aird & Berlis Named Top Planning and Development Law Firm in 2024 NRU GTHA Ranking

December 20, 2024

Firm News

Our Municipal & Land Use Planning Group is Number One!

December 18, 2019

Read More News

Education

  • LLB, University of Toronto, 2001
  • M.Sc.Pl., Urban and Regional Planning, University of Toronto, 1998
  • BA (Hons), Urban and Economic Geography, Queen's University, 1996
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