Loading...
HomeMy WebLinkAboutPD-135-87r --! .,+.r ....ii u~i ,~,,, ;~, a'~:~Siii~"'~~ TOWN OF NEWCASTLE /~ /~~ REPORT File # -~/~i23 Res. # - ~-rf By-Law # hE~.TING: General Purpose and Administration Committee DATE: Tuesday, May 19, 1987 REPOT #: PD-135-87 FILE #: SUB.ECT: ONTARIO MUNICIPAL BOARD HEARINGS IMPOSITION OF COSTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-135-87 be received; and 2. THAT a copy of Staff Report PD-135-87 be forwarded to the Ontario Municipal Board for their information. ~E3ACKGRUUND AND COMMENTS: On April 14, 1987 the Town received a copy of correspondence from the Chairman of the Ontario Municipal Board relative to a proposal by the Board to develop guidelines for the imposition of costs related to any Municipal Board proceedings. The Board is in the process of inviting submissions from any interested individuals or groups and these submissions must be submitted to the Board prior to June 10, 1987. The Ontario Municipal Board Act provides the Ontario Municipal Board with discretion in the fixing of costs related to any Municipal Board proceeding. In the Town's experience with the Board, we are unaware of any situation where costs have actually been awarded. ...2 ~~ REPURT NO.: PD-135-87 Page 2 Generally speaking, the Town has always taken the position that, since an application to the Ontario Municipal Board forms a part of "due process" related to Planning matters or issuance of debentures, we would not seek costs related to any of these proceedings. As with any proceeding of a judicial nature, a request for costs can be two-sided and, quite often, where a request for costs has been made and a party is unsuccessful in proving their case, that party is then, in turn, exposed to the risk of paying costs. Staff feel that there is definite merit in developing guidelines for imposition of costs related to Ontario Municipal Board proceedings, particularly for those occasions where substantial costs may be incurred by the municipality related to Staff time and legal fees. In addition, there is frequently an element of delay which could be quantified for the purposes of awarding costs where an application is substantially impacted by a marginal appeal and any subsequent delays in proceeding with same. However, in view of our past position, we feel that the appeal process should be available to all members of the public, in all income brackets, without fear of the cost. Accordingly, we would recommend that the Ontario Municipal Board be advised that, while the Town supports the preparation of guidelines regarding the imposition of costs related to Ontario Municipal Board hearings, we encourage the Board to carefully consider the implications of same relative to accessibility of the public to "due process". We would also recommend that the Board only give consideration to awarding costs where a request has been made at the onset of the hearing and where such request is accompanied by justification so that the Board Chairman can be satisfied that the request for costs is not simply an attempt to intimidate opponents prior to commencement of the Hearing. Respectfully s mit war s, Director of Planning Recommended for presentation to t e Committee 1 rence otse Chief A i strative Officer ~J TTE*jip *Attach. May 2, 1987 i i ~ ~~~ U ~ ~ 14 19 Pp~ ~S;1E ©'~~ >,E o~W RZM~Nt ~,,. Ontario Municipal Board Guidelines Regarding The Imposition of Costs <<rl~ ~ 1.9a~ The Ontario Municipal Board Act gives the Board broad discretion in the fixing of costs of any Municipal Board proceeding. The Board is presently examining the possibility of developing guidelines relating to the imposition of costs. To ensure that the interests of those appearing before the Board will be properly considered, the Board invites submissions from interested individuals or groups. Accordingly, submissions will be received in writing until June 10th, 1987 by J_G__Malcolm, _Se~~ar~t~__9nt~i_o__Muaicip~J _ Board, 180 Oundas Street__West~ Toronto, Ontario, M5G_1E5. H. E. STEWART CHAIRMAN