OMB appeal on rezoning of Ottawa River islands adjourned to August

June 15, 2015

OMB hearing


June 15, 2015

Please note that the appellant named at the end of this release is available to speak to the media, and that some appellants are currently filing objections to the OMB related to aspects of the proceedings.

OMB appeal on rezoning of Ottawa River islands adjourned to August
A pre-hearing conference (preliminary hearing) of the Ontario Municipal Board (OMB) has adjourned to August 17, 18, 19.

The OMB convened on June 3, 2015 to hear appeals by 5 individuals opposed to the City of Ottawa’s rezoning of Chaudière and Albert Islands from parkland to mixed use commercial/residential. The appellants are: Douglas Cardinal, Larry McDermott, Romola Thumbadoo (Trebilcock), Richard Jackman, and Lindsay Lambert.

After a full day of motions on June 3 by the appellants’ lawyers and by lawyers from the City of Ottawa and Windmill Development Group (named as a consultant to the City of the Ottawa in the appeal), the OMB hearing adjourned at noon on June 4, because of procedural errors identified by one of the appellants (Romola Trebilcock). The stressful nature of the proceedings resulted in a crisis during the afternoon of June 3 when the lawyer for Richard Jackman collapsed on the floor of the hearing room and had to be taken to hospital.

The following morning, Romola Trebilcock formally objected to the chair not being present during her cross-examination of a City of Ottawa planning official. Lawyers for the city and Windmill proposed that cross-examination of this official by appellants occur without the OMB Chair being present, with the proceedings being recorded and transcribed for the chair’s review. Fowllowing Ms. Trebilcock’s objection, the Chair ordered cross-examination to proceed in June, and if she chose not to appear, she would forfeit her right to cross-examine the official.

Throughout the day-and-a-half of hearings, the conduct of the Chair was combative and even bullying toward appellants. He raised his voice and expressed frustration with appellants’ comments and arguments.

The pre-hearing began with the lawyer for Douglas Cardinal, Michael Swinwood, requesting that Mr. R. G. M. Makuch (OMB Chair) step down from the dias and recuse himself from the hearing, based on comments Mr. Makuch made about Mr. Swinwood in 2005. The Chair refused to remove himself.

Other items of note:

For more information, please contact

Richard Jackman (appellant to the OMB) at 613 620-8830 or

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