Category: OMB dismisses appeal

Policies & Threats Related to Greenspaces

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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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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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City Goes After Greenspace Alliance for Costs – A Threat to All Community Organizations!

Sol Shuster, Vice-Chair of the Greenspace Alliance, on December 18, posted the following to the Alliance email list: In an unprecedented move, the City of Ottawa recently asked a judicial review panel to require that its legal costs be paid by the Greenspace Alliance of Canada’s Capital (GA). These costs arose in relation to an unsuccessful legal challenge before the Ontario Divisional Court. The challenge was part of the Alliance’s

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Chiarelli Media Release on Cost Awards against Community Groups

As supplied by Councillor Chiarelli’s office, 16 December 2008 FOR IMMEDIATE RELEASE Councillors Rick Chiarelli and Alex Cullen are sponsoring a measure that would prevent City lawyers from suing community based public interest groups who participate in public tribunals on matters of policy and public interest. If approved, the Notice of Motion, moved by Chiarelli and seconded by Cullen would stop City lawyers from filing claims for “costs” against such

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Chiarelli-Cullen Motion on Cost Claims against Community Groups

Introduced at Council on November 28, referred to Corporate Services and Economic Development Committee for its meeting of January 6. Moved by Councillor Rick Chiarelli Seconded by Councillor Alex Cullen WHEREAS residents, community groups and resident organizations contribute significantly to public policy development at the City by offering advice and by putting aspects of Council decisions to the test; AND WHEREAS community and resident public interest organizations contribute to the

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Debate of the City’s policy on cost award claims

On November 28, 2008, Councillor Rick Chiarelli, supported by Councillor Alex Cullen, introduced a Motion at Council to clarify the City’s policy with regard to requiring community groups or individuals to pay the City’s litigation costs.  The Motion was referred to Corporate Services and Economic Development Committee and is expected to be considered at its meeting of 6 January 2009. Read the Motion here. Councillor Chiarelli issued a media release.

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Developers, City demand over $72,000 in court costs

Following the dismissal on October 2, 2008 of our application for a judicial review of an OMB decision, lawyers for the City of Ottawa and the developers of Findlay Creek Village demanded partial compensation for their costs of having had to face the Greenspace Alliance before the Ontario Divisional Court in its fight to save Leitrim Wetland. The City wants compensation for 30 hours of work ($5,120) and lawyers for

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Court declares the application moot

UPDATE — Jan 17, 2008 The court session for our Judicial Review has now been set for April 7, 2008. UPDATE — Feb 25, 2008 The new date for a court hearing on the Judicial Review is now June 9, 2008. UPDATE — Sep 19, 2008 We now have a firm court date for the Judicial Review of the OMB’s dismissal of our appeal of two zoning by-law amendments that

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