The LPASC closure comes at a time that Ontario’s planning appeal framework is in a state of flux, with the new Local Appeal Planning Tribunal (LPAT) which replaced the Ontario Municipal Board (OMB) unsure if its authorities, requesting the Ontario Superior Court’s Divisional Court rule on a legal interpretation of LPAT’s governing legislation.
Hamilton’s new patio entertainment by-law will not be decided by the Ontario Municipal Board in time for this year’s patio season.
This means the City’s previous ban on entertain on outdoor commercial patios will remain in effect for another patio season.
In a pre-hearing ruling issued Monday, the Ontario Municipal Board set hearing dates of September 25 to 27, 2018 for an appeal of the City’s new bylaw.
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.
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 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.
Today, we’ll have testimony and arguments from each side during the day. In the evening, starting at 6:30pm, participant statements will being and run until 9:30pm. Statements will continue tomorrow morning.
Day Three of the Ontario Municipal Board hearing into City Council’s new Ward Boundaries is underway. Today, the City will continue to present its case to the Board. The day beings with Dr. Bill Freeman on the stand for the City to provide testimony on history and sociology of Hamilton. Catch up Thursday’s liveblog and Friday’s liveblog. Follow along with our liveblog below.
Today, the City will continue to present its case to the Board. The day beings with Gary Scandlan, of Watson & Associates, on the stand. He is an expert on Land Use and Population Forecasting.
Follow along with our liveblog