HomeMy WebLinkAboutPD-243-89DN: LEGAL
TOWN OF NEWCASTLE
REPORT File #
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, October 2, 1989
REPORT #: . PD-243-99 FILE #:
SUBJECT: LEGAL FEE FOR ONTARIO MUNICIPAL BOARD HEARING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-243-89 be received;
2. THAT the applicant/owner of all development applications shall be required to
bear the Town's legal cost for an Ontario Municipal Board Hearing in situations
where his application is either approved or recommended for approval by Town
Council; and
3. THAT prior to an Ontario Municipal Board Hearing, the applicant shall provide a
Letter of Undertaking to the Director of Planning and Development agreeing to
bear the Town's legal cost in the ensuring Board's Hearing. In the event the
applicant fails to do so, the Director reserves the right not to participate in
any Ontario Municipal Board Hearing in support of the applicant.
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is always the possibility that such application will end up before the
Ontario Municipal Board for a decision. In such instance, the Town is
required to defend it's position before the Board and this entails
retaining a Solicitor for this purpose.
1.2 Ontario Municipal Board Hearings occur on an average of between ten (10)
to fifteen (15) cases each year and will be on increase given the
current active development activities in the Town, and this represents a
signficiant cost impact in legal services.
1.3 In view of the above, it is prudent to recover part of these legal costs
and to set out policies to do so.
2. COMMENTS:
2.1 The Town currently has no policy in respect to recovering Town's legal
cost from the applicant. However, it has been the general practice in
the past that the Town pay it's own legal cost.
2.2 Staff is of the opinion that the current practice is detrimental to the
Town from a financial viewpoint. Given the fact that it is the
applicant who makes the application and is the one who has something to
gain, it is only reasonable to have the applicant bearing the legal cost
incurred by the Town as occasioned by an Ontario municipal Board
Hearing.
2.3 The above scenario would apply only to situations where the Town
approved or recommended approval of the applicant's development
application. In cases where the Town reject the development
applications, the Town should bear its own legal cost.
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REPORT NO.: PACE 3
PD-243-89
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2.4 Current practices in many municipalities contain a statement in their
development applications advising the applicants that it is their
responsibility to pay the Town's cost for an Ontario Municipal Board
Hearing. Staff would not suggest such wide sweep application and feel
that legal cost recovery should only be applicable in situations as
suggested in Item 2.3 of this report.
Respectfully submitted,
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Franklin Wu, M.C.I.P.
Director of Planning & Development
FW* i ip
*Attach.
September 8, 1989
Recommended for presentation
to the Committee
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Lawren 1<otseff
Chief d nistrative officer