Thursday, September 28, 2017

The Appellants had their Day in Divisional Court

Definitely an emotional roller coaster.

The proceedings began at 10:00 am in front of three judges. 

David White ( quarry solicitor) asked to submit new evidence and took up quite a bit of time. He eventually was allowed to enter an affidavit from John Ewart (Municipality) that basically stated they had agreed to Mr Conti (OMB) hearing a portion of the hearing over again.

Eric Gillespie (appellants) was grilled why he should be allowed to have his 4 errors of law acknowledged. Time was an issue and the judges seemed very agitated. One had a dislocated shoulder, the other a bad cold.

After the grilling, the judges left the combatants alone to discuss costs while they went to write their decision.

It took about 40 minutes, but the judges returned with their verdict, the appeal was allowed in part.
They went through the 4 appeals and only the last one on mitigation was won. It will now be sent back to the OMB sometime in the future.

The appellants and private landowners on both Ledge and Quarry Road as well as the appellants on the Nogies Creek side should be part of the development Agreement.

The appellants have once again tried to have their side heard and understood.

Costs have been high and a legal bill is looming. If you haven't made a donation and can offer to help please do.

Stop the Quarry Act 0305-8994-689 at the BMO in Bobcaygeon.
Thank you to all of the supporters who filled the court room we truly appreciate it!

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