Category: Leitrim Wetland

Policies & Threats Related to Greenspaces

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Leitrim Wetland

Introduction and background (2006) Rezoning for Phase 2 of Findlay Creek approved (Oct 2006) Second rezoning for Phase 2 of Findlay Creek Village approved (Feb 2007) OMB dismisses our appeal (hearing – May, 2007; decision – Jun 2007) Application for Judicial Review of OMB’s Decision (Nov 2007) Court declares the application moot (Feb-Oct 2008) Developers, City demand over $72,000 in court costs (Nov 2008) Court decision on cost awards (Dec

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Fast Forward to Sep 2011: The Cost Award Policy is Repealed

At its meeting of 13 April 2011, Council asked Legal Services to review the policy on seeking costs from public interest litigants that was adopted in February 2009. The direction to staff was: “That the City Solicitor review the policy on seeking cost awards as it relates to various cases, including the Friends of Lansdowne litigation, and provide Council with available options.” A report came to the Finance and Economic

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Appeal settled

Appeal of Water Taking Permit at Leitrim Settled On March 23, 2010, the Environmental Review Tribunal accepted a settlement that had been reached between the developers of Findlay Creek Village and the Appellants (the Greenspace Alliance and Sierra Club Canada) acting on behalf of the Friends of Leitrim Wetland. In July 2009, the Tribunal had granted leave to appeal a 10-year Permit To Take Water on three narrow grounds. Ever since,

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Appeal of the 10-year PTTW (May – Aug 2009)

On May 20, 2009 the Greenspace Alliance of Canada’s Capital and the Sierra Club Canada filed an application with the Environmental Review Tribunal for Leave to Appeal a 10-year Permit To Take Water issued on April 27, 2009. They also filed a Motion for an Interim Stay. (Supporting the Motion was an Affidavit sworn by Erwin Dreessen – 497 KB.) That motion was denied because the Tribunal concluded it had

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Friends of Leitrim meet provincial officials

On March 9, 2009, at the invitation of Peter Taylor, the Ministry of Environment official responsible for issuing Permits To Take Water at Leitrim, some of the Friends of Leitrim Wetland met with him and several of his colleagues at MOE. Officials from the Ministry of Natural Resources, the South Nation Conservation Authority and Fisheries and Oceans also attended. The Friends presented a list of thirteen objectives they want to

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Court decision on cost awards

Meanwhile, on December 10, the Divisional Court issued its Decision on the demand for cost awards.  Finding that the Greenspace Alliance is not a public interest litigant, it agreed with the City’s but reduced the award to the developers to $25,000 “in recognition of the [Alliance’s] limited means.”  The Alliance is seeking leave to appeal this cost award decision to the Ontario Court of Appeal.

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Council Disposition – Policy on Seeking Cost Awards

OTTAWA CITY COUNCIL 25 February 2009 ANDREW S. HAYDON HALL 10:00 a.m. DISPOSITION 61 CORPORATE SERVICES AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 37 MOTION – POLICY ON SEEKING COST AWARDS COMMITTEE RECOMMENDATIONS AS AMENDED That Council confirm its policy on seeking cost awards after successfully defending its positions against community and resident public interest groups such that the City will not seek cost awards from community or resident groups before administrative

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Council approves cost award policy

COMMITTEE DEBATE Feb 12, 2009 After two delays because a staff report was not available, the Motion sponsored by Councillors Rick Chiarelli and Alex Cullen will finally be considered at Corporate Services and Economic Development Committee at its meeting of Tuesday, February 17, 2009. The meeting, to be held in the Champlain Room at City Hall, starts at 10 a.m. and the Motion is the first item on the agenda.

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Media coverage of the Policy on Seeking Cost Awards

Following the discussion at Corporate Committee on February 17, there was a host of media scrums by both English and French media, print, radio and television. Found and heard: “Seek legal costs from litigants, council told – Environmental group argues policy would bankrupt it” by Jake Rupert, Ottawa Citizen, 16 February 2009, (Feb 17 print edition, page C1) “Debate begins on whether city should seek legal costs from groups that

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Leave to appeal cost award

On December 19, 2008, on the heels of action at the municipal level, the Greenspace Alliance, represented by Ecojustice, filed an application for Leave to Appeal the award of costs issued by the Divisional Court on December 10. The application to the Ontario Court of Appeal asserts that the Divisional Court made errors of law, as well as errors of mixed facts and law in awarding costs against the Greenspace

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