Saturday, April 18, 2015

Leave to Appeal

As many of you know, when we received the Dewdney Quarry Application OMB decision February 5th, we were very disappointed.  We had felt during the hearing that we had been “heard” by the Chairperson and that no matter the decision we would accept it.  Sadly however the decision had MANY errors of law that we could not accept.

One very major error was  that  Mr. Rob West, an environment expert, testified at the hearing for us twice, yet in the OMB decision, the OMB stated Mr. West did not appear at the hearing at all, and disregarded any of his evidence.  By not even considering Mr. Rob West’s evidence, the OMB’s decision takes no consideration to the threat of species at risk which have been found on the proposed quarry site, specifically the Blanding’s Turtle and the Whippoorwill.

On the other hand, the OMB sited evidence of a dust report submitted  by  Mr. Furhmann on behalf of the applicant, when in fact Mr. Furhmann did not testify before the board at all! 


The OMB disregarded the testimony of experts who did appear at the hearing, yet accepted and agreed with testimony of experts who did not appear.  


The OMB also disregarded testimony and evidence presented to it in relation to the acceptable noise and dust levels that would be generated by the trucks hauling gravel from the quarry.   In direct contradiction to the evidence presented during the hearing, the OMB understated the impact of the noise and dust


On Tuesday May 5th we have a 1 day hearing at the OMB  @ 655 Bay Street, 16th Floor Toronto. This is to allow the applicant to address 3 SUPPOSED technicalities in the decision.   These are not mere technicalities but errors OF law.  Support would be appreciated for those who would be willing to make the trip.


In the meantime we have filed our Motion Leave to Appeal  and regardless of this OMB hearing, we will continue with our Motion. 


What is at stake in our community regarding truck traffic, road maintenance, the environment, and the economic health of our tourist based economy, is far too important for us not to continue to stand up against  this application.  Hundreds of people supported our fight during our hearing this past summer, and we are not giving up on them or our community as a whole.   The fight against this quarry application is still on.

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