ARchive: Phase 1 – OMB Component
Notes from the OMB Hearing September 2016
The CRC (we) have recognized that there is confusion about the results of the September 2016 OMB hearing as to whether the quarry was stopped or not. The facts are,
- The quarry has NOT been stopped yet.
- The OMB hearing was stopped, or more accurately it was adjourned “indefinitely.”
- The reason the hearing was adjourned is straight forward in legal terms. On day one of the hearings the CRC lawyer recognized that JDCL’s rezoning application appeared to be void. After deliberation the OMB Chair (judge) ruled it to be void and so there was nothing for the OMB to judge. (OMB Decision on Bylaw Jurisdiction) Hence the hearing was adjourned. (How it came to be void just two weeks before the hearing is a head scratcher involving what seems at least on the surface to be gross negligence on JDCL’s part… further details.)
- The OMB hearing most likely will resume, unless JDCL abandons their new application for rezoning which seems unlikely given their disregard for community and environmental in pursuit of profit.
- The timeline for the OMB hearing to resume is uncertain. It will be at least several months.
Archive of the phase 1 OBM Hearing Notes
1st Pre-Hearing Conference, Nov. 9, 2015
2nd Pre-Hearing Conference, Tuesday March 1, 2016
11am, GET Council Chambers
3rd Pre-Hearing Conference, Thu May 5 & if needed Friday May 6, 2016
10:30 am, GET Council Chambers
Day 1: Tuesday September 27, 2016, 10:30 am, Guelph Eramosa Township Offices. Upper tier Wellington County presents the new Planning Act which applies to Guelph Eramosa Township as a lower tier jurisdiction in the County. CRC lawyer Chris Barnett recognizes that he new Planning Act may make JDCL’s application void. After a short discussion the hearing was adjourned to give parties time to collect their thoughts for the next day. CRC Newsletter – Day 1 at the OMB September 27 2016
Day 2: Wednesday September 28, 2016, 9:30 am, Guelph Eramosa Township Offices. The hearing was adjourned early once it was concluded that the important procedural issue raised on Day 1 by CRC lawyer Chris Barnett required detailed consideration. Parties were given a week to prepare their arguments.
Day 3: Thursday October 6, 2016, 10:30 am, Guelph Eramosa Township Offices. The 4 parties opposing the quarry and the 1 party in favour of the quarry presented their arguments. The OMB chair adjourned the hearing to deliberate on the arguments and make his ruling which he would communicate by email the following week.
“Day 4”: Thursday October 13, 2016 judgement communicated by email : Application deemed void. Hearing adjourned indefinitely. Media Release – OMB Hearing on Hidden Quarry application adjourned, OMB Decision on Bylaw Jurisdiction