I have had the opportunity…

I have had the opportunity to appear as an expert witness before the OMB on a variety of land use matters on behalf of municipalities, landowners and developers outside the GTA since the 1970’s. My experience is that the OMB is a necessary appeal body for landowners and developers who need to be heard before an independent body concerning the municipality’s interpretation and application of planning documentation.

Until recently, my view of the OMB was that the evidence was well considered and analyzed and the Board’s subsequent Decision was viewed by the parties as being thoroughly examined and presented. The professional participants had a belief in the fairness and integrity of the OMB and its Decisions. This is no longer the case. In recent years, my advice has been to avoid an OMB Hearing at all costs since evidence is ignored and Decisions are no longer well reasoned. There is no longer a belief in the fundamental fairness, objectivity or the integrity of the OMB.

In regards to the Government of Ontario’s present review of the OMB and request for input on potential reforms, I would offer the following:

• Re #1, ‘OMB’s Jurisdiction and Powers’ - The OMB fulfills a necessary appeal function for landowners and developers in regards to land use disputes about a municipality’s interpretation and application of planning documentation which should be continued.

• Re #3, ‘Clear and Predictable Decision-Making’ - It is essential to restore a belief in the fundamental fairness of the OMB’s decision making and the integrity of the OMB. This can only be addressed through the appointment of quality Board Members with proper skills to enable a thorough, fair minded and objective examination, analysis and presentation of the evidence. This needs to be a priority.

• Re #5, ‘Alternative Dispute Resolution (ADR) and Fewer Hearings’ - The OMB’s role in attempting to resolve land use disputes in advance of an OMB Hearing is a good initiative which should be continued.

[Original Comment ID: 207235]