The Public Record | Hamilton's Civic Affairs News Site
The Ontario Divisional Court delivered a rare ruling reviewing an Ontario Municipal Board decision on what constitutes a complete planning application.
This ruling is instructive to those considering appealing the Hamilton Ward Boundaries decision, I wrote in December about the tests of judicial review (Dunsmuir Test), and deference to specialized tribunals and bodies.
The Ontario Municipal Board has overturned Council’s gerrymandered ward boundaries, imposing the Watson and Associations final report Option 2 which creates a new Mountain ward and eliminates the present Ward 14; splitting the existing rural ward between Dundas and Ancaster’s existing Wards 12 and 13.
During the past 20 years, the OMB has wrestled with municipal representation since the mega-amalgamations of the late stages of Premier Mike Harris’ government. With Hamilton’s Ward Boundary OMB hearing, ELTO Executive Chair Dr. Krushelnicki looks poised to set a framework to clarify how to balance numerous criteria and interests in creating municipal wards.
The hearing will start March 12, 2018 and be held at Dundas Town Hall. One day is being set aside for public participants, March 20, and this day will be at Stoney Creek City Hall to be more accessible for residents.
In the procedural order issued by the OMB, the City of Hamilton stated that it will provide security if required during the hearing scheduled to start on June 18, 2018. Police are investigating the threat.
The day starts with appellant Robert Dobrucki on the stand to give his testimony and evidence in the matter.
Following this, Land Use and Planning Expert Gary Scandlan will return to the stand for cross-examination by Dobrucki.
Today, we’ll have start with participant statements in the morning. This afternoon, Dr. Robert Williams, an expert in municipal ward boundaries who was involved with the Watson & Associates team, is on the stand for the City being cross-examined.