May 26, 2007
The Ontario Municipal Board devoted four days (May 22 to 25, 2007) to a hearing on the merits of a motion by Tartan and the City to dismiss our appeals of two zoning by-laws. The Member is Marc Denhez.
We are very fortunate to have been represented at this hearing by Linda McCaffrey, Director of the University of Ottawa’s Environmental Law Clinic, who is providing pro bono legal services to us through the Sierra Legal Defence Fund.
Our counsel was served with two thick binders from Tartan’s Peter Vice, 10 days before the hearing. Another package arrived from the City’s Tim Marc eight days later, in support of the motion. Linda and co-counsel Will Amos managed to file an interim reply. Linda did a superb job offering a vigorous defence and demonstration of our solid grounds for appeal. She also filed motions for disclosure of hydrogeological information and for a prohibition order to stop the bulldozing that recently took place on the site.
In support of the bulldozing motion, Albert Dugal had prepared an Affidavit, on which he had been cross-examined by Tartan’s lawyer prior to the hearing. His Affidavit and transcript of cross-examination featured large in the hearings this week and provided critical support for our position. Bravo, Albert! And thank you to Linda, Will and the summer students, who all put in 10-12-hour days in service of the cause.
The Member took the motion under advisement. Watch this space for news about the Decision.
If the motion is dismissed, we are likely to see a brief hearing on a Procedural Order in July and an evidentiary hearing in October-November.
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UPDATE — Nov 26, 2007
OMB Decision
On June 18, the OMB issued its Decision (#1675), granting the developer’s motion to dismiss the appeals of the rezoning for Stage 2 of the Findlay Creek Village development. (A minor amendment to the Decision was issued on June 27, #1781.)
On September 12, 2007, following submissions by all parties, the Chair of the Board refused to grant a hearing to review the Decision.