[All] Yippee for Birds at the OMB!

[Randy B. McLean]

Lo:

So the system has been designed to work.  It still seems sad to think a lone concerned citizen had to dig deep to find all the proceedural mechanisms.  

Cheers to you.

Randy
  ----- Original Message ----- 
  From: Louisette Lanteigne 
  To: all at gren.ca 
  Sent: Tuesday, March 23, 2010 5:55 PM
  Subject: [All] Yippee for Birds at the OMB!


        Hi folks!

        Great news. The OMB bumped up protection for Birds in the OMB process for the West Side Lands.

        There will be NO construction activity to damage or DISRUPT breeding bird nests from May through September in compliance to the Migratory Bird Act. A new study has been commissioned to secure a Wildlife Expert (from the description it seems to be Lyle Friesen) to conduct a review the the area. The study will go back to the City and Region for approval. 

        On another cheery note, my favorite code is now C-280-10. That is the FILE number for my OMB case PL071044 which is now officially recognized as a bona fide COURT ORDER. 

        The last time I went in to file the document, staff were totally baffled as to how to process the document. It's not like a normal court case. They had no clue. They were stating to me that it required a hearing and court fees etc. 

        Thanks to the written instructions provided by Lawyer Linda McCaffrey of the Ottawa Law Clinic with Ecojustice. I went in. the staff followed the protocols and the document was quickly reviewed by the judge. In the end the process turned out to be absolutely free. It  It's the very first time an OMB document has been on file in our region. 

        For GREN reference, here is the process: 

        Enforcement of tribunal orders is addressed in the Statutory Powers Procedure Act.
        http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90s22_e.htm

        The Act says that a certified copy of a tribunal order  may be filed in the Superior Court of Justice by a party and on filing is deemed to be an order of that court and is enforceable as such. So you need to get the OMB to certify a copy of its order, take it to the Superior Court and file it there. You will need to keep a copy of the certified order for yourself. A contravention of a tribunal order may be contempt of court. Section 13 of the SPPA provides that where any person, without lawful excuse, does any thing that would, if the tribunal had been a court of law having power to commit for contempt, have been contempt of that court, the tribunal on the motion of a party, may state a case to the Divisional Court which may punish the person for contempt. 

        Right now I'm drafting my affidavit to secure a contempt of court in regards to the West Side Lands. I am seeking a cease and desist order until all the related hydrological data has been reasonably analyzed and securing copies of those mandated studies for my experts to review in order to assure complance to Board Ruling. 

        Have a good one folks!

        Lulu :0)
       



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