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While efforts to meet the conditions of the Minister’s Order of July 2008 continued so that development in Kanata West could proceed, a development on land just upstream was forging ahead. After the OMB-sanctioned conversion of this land from rural to urban (in 2005, on appeal from ‘Del-Brookfield-Westpark’), a Fernbank Community Design Plan was approved, followed by an Official Plan Amendment (OPA 77), adopted in June 2009. The Friends of the Greenspace Alliance (FGA) appealed this Amendment to the Ontario Municipal Board. Ecojustice, through a student lawyer, supervised by senior counsel, prepared FGA for the appeal hearing.
Several Pre-hearing Conferences and Orders of the Board followed (October 7, October 21).
Fernbank developers (supported by the City) sought to dismiss the FGA appeal. A hearing was held on December 7, 2009 and the Motion was denied (OMB Decision of January 14, 2010; this is the Decision that was appended to Darlene Conway’s letter of January 18, 2010.)
One developer sought a review of the January 18 Order, as a result of which the Board, on March 26, ordered a rehearing before a different panel.
Meanwhile, another Board Order, dated March 12, dismissed the FGA appeal in so far as it related to the Jock River subwatershed, leaving only issues related to the Carp River. The FGA sought a review of this Order but the request was refused (Order, April 21, 2010). FGA filed an application for leave to appeal this Order to Divisional Court.
All the while, preparations for the hearing scheduled for July 2010 continued. Darlene and her colleague, Ted Cooper, served as expert witnesses. Here are some of their witness statements:
Sworn statements by Ted Cooper:
+ Witness Statement dated November 23, 2009 (15 pp.)
+ Affidavit in response to the Motion to Dismiss, November 30, 2009 (14 pp.)
Sworn statements by Darlene Conway:
+ Witness Statement dated November 23, 2009 (22 pp.)
(Exhibits to this Statement are available on request – 5.4 MB)
+ Affidavit in response to the Motion to Dismiss (9 pp.)
+ Reply Witness Statement, December 7, 2009 (6 pp.)
(Exhibits A through D — four large files — are available on request)
On [date], another hearing was held, however, on a Motion to Dismiss the appeal, brought by Kizell Management and supported by the City and other landowners. This time, the Board agreed (OMB Decision of June 17, 2010). FGA applied for leave to appeal this dismissal to Divisional Court, abandoning the earlier application. A hearing was held on January 17, 2011. The request was denied.
[Cost award] [Re-incorporation]
[What was really at issue] [Clarification of the Integration clause in the Municipal Engineers manual for Class Environmental Assessments]