Application for Judicial Review of the OMB's Decision on Leitrim filed
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 rules of natural justice and procedural fairness; that the applicants have ample planning grounds upon which the appeals could succeed; and that the Provincial Policy Statement prohibits development in Provincially Significant Wetlands.
The application will be heard by a 3-judge panel on February 12, 2008.
Here is the Press Release, issued 26 November 2007.
Voici le Communiqué de presse, distribué le 26 novembre 2007.
Media coverage.
E.D.
| Attachment | Size |
|---|---|
| media_release_Leitrim_JR_26Nov07_FINAL2.pdf | 98.33 KB |
| Leitrim_RV_CdeP_26nov07_Final2.pdf | 101.03 KB |
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Judicial Review shut down
The long-awaited Judicial Review of earlier decisions affecting Leitrim Wetland came to an early end on October 2. In a Kafkaesque decision, the three-judge panel accepted a Motion by the City declaring our review application moot, that is, no longer relevant. Once again, we have been deprived of the opportunity to be heard on the substance of our case.
Incredibly, the City's argument was that the new Comprehensive Zoning By-law will come into force later this month and that the zoning provisions for the subject lands were not appealed. Our counter was that there was nothing new in these provisions and that an appeal would therefore be superfluous since an appeal process (namely this Judicial Review application) was ongoing.
In short, we lost on a technicality. Here are the panel's (unanimous) written reasons for the decision. City and Tartan have indicated that they will ask for costs.
This is by no means the end of the battle. Developing in and adjacent to a wetland requires extensive dewatering over long periods. Any taking of water (whether through pumping or across the surface) over 50,000 litres per day is subject to a Permit from the Ontario Ministry of Environment. We were already before the Environmental Review Tribunal for an appeal of a Permit To Take Water (PTTW) and won the first round. We have now commented on the pending so-called “Future Stages Permit” and will see if this 10-year Permit will be issued. Even without full disclosure, we have considerable evidence that, even today, the wetland is suffering degradation because of water table lowering. Further dewatering, we believe, will accelerate the damage.
Erwin Dreessen
19 October 2008
Leitrim: Court date for Judicial Review
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 would permit construction of Phase 2 of the Findlay Creek Village subdivision at Leitrim Wetland.
The hearing will be held on October 2 and 3, 2008 at the Provincial Courthouse on Elgin Street, starting at 10 a.m. (court room not assigned at this time). The case will be heard by a panel of three judges, Associate Chief Justice J.D. Cunningham, the Honourable Mr. Justice L.K. Ferrier, and the Honourable Madam Justice D.E. Bellamy.
The public is invited!
Erwin
Leitrim: Judicial Review delayed again
The new date for a court hearing on the Judicial Review is now June 9, 2008.
Erwin
Court date put to April 7, 2008
The court session for our Judicial Review has now been set for April 7, 2008.
Erwin