Ontario Municipal Board (OMB)

MOTION TO DISMISS, SEPTEMBER 9, 2009

As anticipated, Cottage Advisors instructed its solicitor (Leo Longo at Aird & Berlis) to bring a motion to dismiss the Friends of East Lake Ontario Municipal Board appeal without holding a hearing, based on the premise that FOEL's appeal is frivolous and without merit. Mr. David Bronskill, of Goodmans LLP – represented Friends of East Lake at a hearing to dismiss on September 9 in Council Chambers at 332 Main Street (Picton) before OMB Member Mr. Chris Conti.

The November 13, 2009 decision by Mr. Conti confirmed that FOEL did everything they should have done as a community group both before and after the June 10 decision by Council, that the affected public should be involved in the planning process, and that significant planning issues have been raised and need to be addressed. The decision in our favour at the Motion to Dismiss was a great coup for FOEL and avoided a dangerous precedent that could have affected the entire Province.

Nov. 13, 2009 Ontario Municipal Board Decision

Friends of East Lake hired experts to study and submit affidavits on Woodland Acres in support the Ontario Municipal Board appeal. The experts include: a certified Planner, Biologist, Botanist, Ecologist, Aquatic Biologist, and a Hydrogeologist. Each expert visited the site on August 28, 2009, then met separately with the FOEL executive and reviewed their preliminary findings. Their affidavits confirm the claim that the rezoning to allow the 237 cottage resort development should not have been approved without further consideration by Planning and Council.

There is a summary taken from each experts affidavit, the complete affidavit, as well as each experts professional qualifications and work history.

Click on the word ‘Summary’ or ‘Affidavit’ to launch the document. Please feel free to send any comments to Friends of East Lake by email or phone.

AFFIDAVITS FROM EXPERTS SUPPORTING FOEL OMB APPEAL

Mr. Paul E. Johnston, MCIP, RPP
President Johnston Litavski Ltd.
Planning Consultants
Summary