VICTORY FOR LOCAL DEMOCRACY THREATENED

Stratford won the OMB decision. Official Plan Amendment 10 is official. OMB forced Stratford to pay legal fees incurred protecting our Official Plan. Walmart is Again Disrespecting the spirit and intent of our Official Plan by taking advantage of zoning loophole and building in East area of Strtaford.

READ AND CONTRIBUTE TO 'If You Love Stratford' FOR INFORMATION, NEWS, VIEWS AND IDEAS

*PROTECTING OUR SPECIAL DOWN TOWN AND HEART OF OUR COMMUNITY*

*LOCAL ECONOMY VERSUS CORPORATE LOOTING*

*SHINING A LIGHT ON WHAT MAKES STRATFORD SPECIAL*

*CONTROLLING SPRAWL*

*QUALITY OF LIFE*


Thursday, April 8, 2010

OMB APPEAL PROCESS

There are two potential appeal routes from any

decision of the OMB.

1. Request to review under s. 43 * of the OMB Act:

It must be filed within 30 days, absent

special circumstances.

2. Appeal to the Divisional Court, with leave of the Court, on a

question of law (i.e. pure legal issue). The motion must be served

within 15 days of the decision.

Needless to say, whether either route is viable in any particular case

depends on the circumstances and the decision itself.

*Contents of a Request A party making a request for review shall file notice of such request with the Chair within 30 days of the date of the Board’s written decision. Such notice shall include:

(a) the requestor’s full name, address, telephone, fax number, and e-mail address (if any);

(b) the full name, address, telephone and fax number and e-mail address (if any) of the requestor’s representative (if any);

(c) the requestor’s or representative’s signature;

(d) the reasons for the request;

(e) the desired result of the review (such as a change or alteration to the decision or a rehearing of the proceeding);

(f) any documents that support the request, including copies of any new evidence that was unavailable at

the hearing;

(g) an affidavit stating the facts relied upon in support of the request;

(h) a statement as to whether the requestor has or will submit an application for leave to appeal or judicial review to the court; and

(i) the prescribed filing fee (cheque or money order payable to the Minister of Finance).

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