Objections and AppealsThe Ontario Municipal Board (OMB)The OMB is an independent and impartial adjudicative tribunal. It is made up of a Chair, Vice-Chairs and Members. The Ontario government appoints all Board Members, who have diverse backgrounds and come from different parts of the province. The OMB listens to the appeals and concerns of people, public bodies or corporations who object to the decisions of public or approval authorities such as local or regional Councils, Committees of Adjustment, the Minister of Municipal Affairs and Housing, or an expropriating authority. The Board holds public hearings throughout the province. If a community organization wishes to appeal Committee or City Council's decision, they can appeal to the Ontario Municipal Board. Only individuals or incorporated bodies can appeal to the OMB. However, an individual may appeal on behalf of an unincorporated community organization. OMB hearings take place regularly in Ottawa to deal with appeals. These meetings are chaired by a member appointed by the Province and deal with the planning merits of the application. Municipal planners and expert witnesses usually represent applicants and those appealing a decision. At OMB hearings, community sentiment and opposition are not considered. The decisions reached at an OMB hearing are based on the planning merits of the application. In essence, the Board ask whether the City Council had the authority to pass the By-law and whether it is in compliance with applicable provincial legislation and the City's Official Plan. A community organization can, however, ask the OMB for "standing", a status which recognizes that your community organization has something to say about the matter, and present information based on planning principles or community impact. For more information about the OMB, visit their web site at: www.omb.gov.on.ca/ The OMB address is: Telephone: 416-326-6800 Awarding of CostsAppealing a decision to the OMB is a very important and difficult decision for an individual or organization to make. Appeals are expensive since lawyers, municipal planners and expert witnesses are necessary in order to present a case that a decision by the City should be overturned. OMB hearings can take up to a week or more during which time delegations make presentations and witnesses can be cross-examined by opposing lawyers. All of these processes are expensive and any individual or community organization should carefully consider the costs involved in presenting a case to the OMB. In addition to the costs involved in mounting an appeal to the OMB, the applicant may ask that costs be awarded in the event that the appeal is refused. In other words, the applicant may ask and receive compensation for costs. These costs would become the responsibility of the appellant (the individual or group that appealed). Although the OMB does not often award costs, it can do so. |
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