[All] OMB admits it was "overly punitive" against CRAND - Press Release

[Temara Brown]

*Hello all,*

 We had a big announcement locally with respect to the Ontario Municipal
Board. I would appreciate any help in spreading the word. We need to hold
the OMB to account especially now that the province is undergoing a review.

 Last November, CRAND was ordered to pay $110,000
<http://www.cambridgetimes.ca/news-story/6135321-after-losing-battle-with-quarry-crand-handed-110-000-bill/>
following an appeal before the OMB. The award, which is believed to be one
of the largest ever, was handed down by the same Board member we challenged
for bias. We filed a request for a review of this decision
<http://www.cambridgetimes.ca/news-story/6197270-crand-appeals-110-000-omb-bill/>
last December.

 Now, in a rare move, *the OMB has admitted it was "overly punitive"* for
holding CRAND responsible for motions we didn't bring. They used their
discretion to determine that this amounted to *a $60,000 mistake*. That's
no small mistake! Still, despite acknowledging this bias, they will not
review the rest of our request, once again refusing to acknowledge evidence
demonstrating that this "overly punitive" behaviour was constant throughout
CRAND's experience with the Vice-Chair.

 I've attached CRAND's press release and pasted it below. *If you are on
twitter, please RT and like this tweet
<https://twitter.com/temarabrown/status/712042359446446080>. On facebook,
you can share this post
<https://www.facebook.com/ConcernedResidentsAssociationofNorthDumfries/posts/560433777449389:0>.*

There is also a facebook community and petition formed around OMB reform
here: https://www.facebook.com/OMBreform

Please feel free to call for further information or if anyone is also
interested in OMB vengeance.

*Temara Brown*

Executive Director
Concerned Residents Association of North Dumfries
226-791-0757


​


*ONTARIO MUNICIPAL BOARD ADMITS IT WAS “OVERLY PUNITIVE” AGAINST COMMUNITY
ENVIRONMENTAL ORGANIZATION*

NORTH DUMFRIES – The Ontario Municipal Board (OMB) has partially reversed
its decision ordering the non-profit Concerned Residents of North Dumfries
(CRAND) to pay a substantial cost award. The OMB agreed with CRAND that the
initial decision was erroneous on particular facts of the case, finding
this resulted in a cost award against the community environmental
organization that was “overly punitive” by $60,000.

CRAND’s original appeal was in opposition to a decision to permit a gravel
pit license applied for by Preston Sand & Gravel Co. Ltd. in North Dumfries
Township. Following the OMB Vice Chair Jyoti Zuidema’s dismissal of the
appeal in 2014, Preston served the not-for-profit and eight individual
members with a motion seeking over $220,000 in costs.

After a record-breaking seventeen-month wait for a decision on the cost
motion, the OMB Vice Chair dismissed claims against the individual members,
ordering CRAND to pay $110,000, last November. This figure is believed to
be one of the largest cost award ordered in the OMB’s history.

CRAND filed a request for the OMB to review the cost decision, something
the OMB only agrees to do in the rare occasion when they agree there may
have been an error in law. The request argued that the OMB acted outside of
its jurisdiction, showed clear bias against CRAND, violated the rules of
natural justice, and made errors of fact and law.

The OMB rejected CRAND’s request for a complete review without providing
much explanation for their decision. However, the OMB simultaneously
applied its discretion to reduce the cost award figure from $110,000 to
$50,000, recognizing that it was “overly punitive” to punish CRAND for
motions it was not responsible for moving.

“What concerns me is how discretionary the OMB is in their punishing of
public participation,” explained Temara Brown, CRAND’s Executive Director.
“There is no accountability. This hearing was carried out without any
objective record of events: no transcripts, no audio or video recordings,
nothing. The OMB regards the Vice Chair’s notes as the factual record of
events and has continually refused to correct errors despite eye-witness
affidavit evidence.”

Scientific experts would have testified that this gravel pit presented
substantial risks to public health. The OMB prohibited these experts from
giving evidence in a shocking decision that resulted from procedural
issues.

Consultants retained by the gravel pit proponents stated there were no such
health risks. The OMB dismissed CRAND’s appeal in 2014 based on the
testimony of these industry consultants.

Observers to the hearing joined CRAND in calling the OMB member, Vice Chair
Jyoti Zuidema’s conduct into question. The OMB ignored the many complaints
and refused to intervene. CRAND challenged the Vice Chair for bias during
the hearing. The Vice Chair dismissed the accusations against her conduct
and continued presiding over the hearing, with no additional oversight
provided by the OMB.

The OMB further permitted the Vice Chair the authority to decide on whether
to award costs against CRAND. The Vice Chair then awarded what was believed
to be one of the largest cost award in the OMB’s history.

“The OMB has continually failed to give regard to the outcry over this
Board member’s conduct,” said Brown. “This partial review of the cost award
against CRAND is a win in the sense that the OMB Executive Chair found some
bias by their Vice Chair, but is still disappointing. Once again, the Board
has ignored evidence demonstrating that this ‘overly punitive’ behaviour
was constant throughout our experience with the Vice Chair.”

The OMB has not acknowledged or responded to observers to the hearing who
have continued to file complaints about the conduct of the OMB Vice-Chair
since 2014.

In their response to the request to review the decision to award costs
against CRAND, the OMB explains it “strives for finality in its decisions.”

“It is a shame they do not strive for justice,” said Brown.

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