SEPTEMBER 5, 2013 10AM
The HVVRA is encouraging all residents and supporters to join us at the Pre-Hearing Conference (PHC) at the Ontario Municipal Board (OMB) offices as First Capital Realty (FCR) appeals the City Council decision to reject the rezoning application for Humbertown Plaza and their proposed design for the site.
At the PHC, the HVVRA will seek Party status (see below) representing all of our resident members and supporters. We have hired our own lawyer – Bruce Ketcheson, and independent planner – Barry Morrison. In addition, we have committed to a retail/commercial study through Hermann Kircher and are finalizing candidates for a traffic study. We are also considering the merits of engaging a hydro-geological consultant to review the impact of underground water on the environment, a sun/shadow consultant and an arborist to assist us with the presentation of evidence on behalf of our membership.
As an individual, there is no cost for you to attend the OMB pre-hearing conference or the hearing itself. You can attend as an observer, or you can seek Party or Participant status.
With an impressive show of strength in numbers, we will demonstrate to the OMB that the future of the Humbertown site is a major concern for our community and that we don’t agree with the proposed development by FCR.
The cost for HVVRA to hire its professional consultants and to conduct the various studies will likely reach $250,000. Now, more than ever we need your financial support. If you have not renewed your membership for 2013, please do so now and encourage your neighbours to join as well. In addition, we would welcome additional donations. To renew your membership, click here, or make a donation, click here.
Things You Need to Know
The OMB operates as an adjudicative tribunal. The PHC should take about half a day and its purpose is to outline the procedural order; identify participants and parties and to set dates for the trial. The OMB uses the PHC to develop an “issues list”, presented and substantiated by Parties and to disclose the likely number of witnesses to be called in support of the issues. Based on this information, the OMB makes a judgment on the proposed length of the hearing and establishes a proposed date for the formal hearing.
Participant Status –A Participant can make a statement or give evidence under oath and be cross-examined, but would not normally attend the entire hearing. A participant can also have an agent represent them, but must seek this status at the PHC and present a letter identifying who they are and where they live. There is no cost to be a participant.
Party Status – A Party can present evidence, question witnesses and make final arguments. A Party or their representative is in attendance for the entire hearing. Costs could be awarded against parties if they act improperly. Party status usually requires more resources and you must t seek Party status at the PHC.
For further information, go to the OMB website.