[All] Met with OMB staff in Toronto.

[Louisette Lanteigne]

Hi everyone
 
I just got back from Toronto. 
 
I hand delivered the correspondence regarding the cease and desist to the solicitors for the City of Waterloo, the Region of Waterloo and the Developers. I also delivered a copy to lawyer Andrew Wray who helped me with my previous appeal and I brought a copy for the OMB.
 
I spoke at length with Matthew Bryan, the Liaison Officer of the OMB who he explained that the Ontario Municipal Board is made up of planners who review proposals for compliance. Their rulings hold the same weight as a court order when used in court of law. 
 
The OMB system is based on the assumption that municipalities will comply fully when a ruling is issued. Their rulings have no enforcement power unless they are used in a court process.
 
The OMB staff are not authorized and do not have the training to investigate violations without having to create a whole new department to take care of such matters. They have no power to create such a department. All their powers are given to them. They can't create their own policies. 
 
These folks are basically planners who review and decide upon municipal proposals to facilitate a document that one can use in a court of law if need be. That's what I spent $27,000 on. That's the only service the OMB process actually provides.  
 
Off record, the staff at the OMB said the city should not have signed the permits. 
 
At this point I can use the courts because the city and GRCA issued permits that violate the OMB ruling. The process is the same as seeking a failure to comply to a "court order". When I asked the OMB for the procedure to do that, the OMB liaison officer stated he didn't now how. They don't have enforcement powers. There are no procedures or role for them to play in regards situations of this nature. Mr. Bryan stated, if I hand them the documents to prove non compliance the only thing they can do is read it and stick it on a shelf. That's it. 
 
I felt compassion for Mr. Bryan and the staff at the OMB because in spite of all the work they do at their end, there is no guarantees that anything they rule on will be complied with.
 
The only recourse for non compliance is for the public to take the matter to the provincial courts. Not too many folks can afford to do that after paying for an OMB process.
 
I'm trying to figure out procedurally how I can do this or perhaps impliment other strategies to assure compliance. My lawyer has been informed of this. We'll see what becomes of it.
 
Louisette Lanteigne
 
 
 
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