March 9, 2016 is new date for OMB hearing

February 29, 2016

Four individuals who appealed the City of Ottawa’s rezoning of Chaudière and Albert Islands to the Ontario Municipal Board (OMB) will appear in court on March 9, 2016 with a motion for leave to appeal the OMB’s dismissal of their original appeals.

A Feb. 24 date for this case was postponed when the court decided that not enough time had been set aside to hear the motions from both sides.

Details of the March 9 session are:

WHERE: Ontario Divisional Court, Motions Court. 161 Elgin Street. Room not yet assigned. Ask at the information desk on day of hearing. Case is called Cardinal vs. Windmill, motion for leave to appeal OMB decision.

WHEN: 10 a.m. All spectators must pass through security screening to enter the building.

The four appellants who are contesting the OMB’s dismissal of their original appeals are Douglas Cardinal, Romola Thumbadoo, Richard Jackman, and Larry McDermott. A fifth appellant is Dan Gagne.

Lindsay Lambert, who was an original appellant in 2015, has successfully convinced the Office of the Ontario Ombudsman to investigate irregularities in the OMB’s dismissal of the original appeals, and will not be part of this motion to appeal.

What case will the appellants make?

The lawyer for four appellants has filed three documents with the court in preparation for the March 9 hearing.

The first deals with the OMB chair’s refusal to remove himself from the chair during the 2015 OMB pre-hearings. The second has to do with the Chair’s refusal to consider constitutional arguments, and the third (PDF will load) deals with the definition of sacred site, which applies to the islands and waters in the Ottawa River site.

For more information, contact the appellants’ lawyer, Michael Swinwood at 613 563-7474.


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