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<DIV>Lo:</DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>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. </FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Cheers to you.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>Randy</FONT></DIV>
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<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=butterflybluelu@rogers.com
href="mailto:butterflybluelu@rogers.com">Louisette Lanteigne</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=all@gren.ca
href="mailto:all@gren.ca">all@gren.ca</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Tuesday, March 23, 2010 5:55
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> [All] Yippee for Birds at the
OMB!</DIV>
<DIV><BR></DIV>
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<DIV>Hi folks!</DIV>
<DIV> </DIV>
<DIV>Great news. The OMB bumped up protection for Birds in the OMB
process for the West Side Lands.</DIV>
<DIV> </DIV>
<DIV>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. </DIV>
<DIV> </DIV>
<DIV>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. </DIV>
<DIV> </DIV>
<DIV>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. </DIV>
<DIV> </DIV>
<DIV>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. </DIV>
<DIV> </DIV>
<DIV>For GREN reference, here is the process: </DIV>
<DIV> </DIV>
<DIV><FONT color=#000080>Enforcement of tribunal orders is addressed in
the Statutory Powers Procedure Act.</FONT></DIV>
<DIV><FONT color=#000080><A
href="http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90s22_e.htm">http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90s22_e.htm</A></FONT></DIV>
<DIV><FONT color=#000080></FONT> </DIV>
<DIV><FONT color=#000080>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.</FONT> </DIV>
<DIV> </DIV>
<DIV>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. </DIV>
<DIV> </DIV>
<DIV>Have a good one folks!</DIV>
<DIV> </DIV>
<DIV>Lulu :0)</DIV>
<DIV> </DIV></TD></TR></TBODY></TABLE>
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<P></P>_______________________________________________<BR>All mailing
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