OMB dismisses appeal – Greenspace Alliance of Canada's Capital

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.

Claudia Ruiz March 1, 2009 December 3, 2024

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

Claudia Ruiz December 19, 2008 December 3, 2024

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

Claudia Ruiz December 18, 2008 December 3, 2024

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

Claudia Ruiz December 18, 2008 December 3, 2024

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

Claudia Ruiz November 28, 2008 December 3, 2024

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.

Claudia Ruiz November 18, 2008 December 3, 2024

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

Claudia Ruiz November 4, 2008 December 3, 2024

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

Claudia Ruiz October 17, 2008 December 3, 2024

Application for Judicial Review of OMB’s Decision

On November 9, 2007, the Greenspace Alliance filed an application with the Divisional Court for a Judicial Review of the OMB Decision dismissing the appeals of rezoning for Stage 2 of the Findlay Creek Village development. The application asks that the Decision be set aside and that the Court order disclosure of hydrogeological data since 1987 which the developer holds. Grounds of the application include that the Board violated the

Claudia Ruiz November 9, 2007 December 3, 2024

OMB dismisses our appeal

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

Claudia Ruiz May 26, 2007 December 3, 2024

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Court decision on cost awards

Leave to appeal cost award

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

Chiarelli Media Release on Cost Awards against Community Groups

Chiarelli-Cullen Motion on Cost Claims against Community Groups

Debate of the City’s policy on cost award claims

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

Court declares the application moot

Application for Judicial Review of OMB’s Decision

OMB dismisses our appeal

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