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[26 May 2016 | Comments Off on Land use, First Nation concerns on display during Day 2 of Burl’s Creek OMB hearing | ]

On the second day of the Ontario Municipal Board (“OMB”) hearing regarding the Burl’s Creek Event Grounds archaeological issues and First Nations concerns were explored by Chief Keith Doxsee representing the Montagnais Metis First Nation, and David Donnelly, counsel for SaveOro and West Oro Ratepayers’ Association (“WORA”).
Under cross-examination, Jamie Lemon, who prepared a Stage 1 archeological assessment for Burl’s Creek, said both the Huron-Wendat Nation and Ministry of Tourism, Sport and Culture wrote in separate letters dated May 19 saying the temporary zoning by-law should not go forward until after …

Environmental Law, Featured, Land Use Planning Law, News, Publications, Uncategorized »

[25 May 2016 | Comments Off on Lengthy opening day at Burl’s Creek OMB climaxes with tense cross examination | ]

On Tuesday May 24, 2016 the Ontario Municipal Board (“OMB”) hearing on the temporary use by-law application for Burl’s Creek Event Grounds begun.
The hearing began with Burl’s Creek calling Mr. Henry Regelink, an Oro-Medonte farmer, Sgt. Guiseppe Pileggi, an OPP Officer summonsed by Burl’s Creek, a brief introduction by Mr. Darren Vella, a land-use planner for Burl’s Creek, and Mr. Peter Thoma, a land economist and market expert.
Most notably, Mr. Thoma had told the board it was not reasonable to put the Wayhome and Boots & Hearts festivals anywhere else …

Environmental Law, Featured, Land Use Planning Law, News, Publications »

[17 Mar 2016 | Comments Off on Private Prosecution of Republic Live Continues | ]

Donnelly Law represents a private informant in a private prosecution, now against Republic Live Inc. only, for charges related to the WayHome Music and Arts Festival and Boots and Hearts Music Festival.  We appeared in court on Monday, March 14, 2016.  Read the Orillia Packet and Times article here.
The next scheduled court appearance is April 11, 2016.

Environmental Law, Featured, News »

[15 Feb 2016 | Comments Off on Donnelly Law Begins Private Prosecution of Burls’ Creek and Republic Live | ]

 
Four charges have been laid against  each Burl’s Creek Event Grounds Inc., Republic Live Inc. and related companies alleging illegal use of Agricultural/Rural lands for the 2015 WayHome and Boots & Hearts Festivals.  David Donnelly is acting as the prosecutor on behalf of a private informant, a Director of SaveOro.
February 10, 2016 was the first appearance for the companies charged.  Read the Orillia Packet article here.
We will be back in court in mid-March 2016.

Environmental Law, Featured, Law & Policy Reform, News »

[28 Mar 2015 | Comments Off on David Donnelly on Anti-SLAPP Bill 52 Controversy | ]

Bill 52, the Protection of Public Participation Act, was debated at Queen’s Park again this week. Bill 52 is designed to prevent SLAPP suits (Strategic Litigation Against Public Participation), where deep-pocketed corporations bring frivolous lawsuits against grassroots critics (often citizen’s groups and environmental groups) in order to intimidate and silence them.
MPP Jagmeet Singh (Bramalea-Gore-Malton) began the debate, commenting:
“It’s my pleasure to continue debate on this important piece of legislation. What I discussed earlier was how important this bill was in terms of protecting public participation. It’s, again, a hallmark of …

Featured, Law & Policy Reform, News »

[5 Dec 2014 | Comments Off on Anti-SLAPP Bill Reintroduced in Legislature | ]

On December 1, 2014, Minister Madeleine Meilleur reintroduced legislation to protect public participation and freedom of expression from SLAPP lawsuits, Strategic Litigation Against Public Participation.  Bill 52, the Protection of Public Participation Act, is an important bill designed to prevent SLAPP suits, where deep-pocketed corporations and developers bring frivolous lawsuits against grassroots critics (often citizen’s groups and environmental groups) in order to intimidate and silence them.   Ontario’s previous Attorney General, the Honourable John Gerretsen, introduced a nearly identical bill in June 2013.
On introducing Bill 52 to the Legislative Assembly, Minister …

Environmental Law, Featured, Greenbelt, Land Use Planning Law, Law & Policy Reform, News »

[2 Dec 2014 | Comments Off on Greenbelting Halifax: One Step Closer to Reality | ]

On November 17, 2014, Halifax Regional Municipality (“HRM”) issued a Request for Proposal (“RFP”) for a qualified firm to “go beyond the conventional parks planning approach” to develop HRM’s Greenbelting and Open Spaces Priorities Plan.  Donnelly Law will review the Greenbelting RFP to ensure HRM Staff is ambitious with its plan to protect and connect HRM’s natural heritage, cultural landscapes, open spaces, and agricultural lands.
Our HRM Alliance, a group of organizations from the Halifax area, envisions a Greenbelt that establishes a permanent development boundary around Halifax to control sprawl, reduce …

Environmental Law, Featured, Greenbelt, Law & Policy Reform, News, Publications »

[10 Nov 2014 | Comments Off on Private Member’s Bill to Repeal the Niagara Escarpment Planning and Development Act Defeated on Second Reading | ]

On October 21, 2014, MPP Jack MacLaren (Carleton-Mississippi Mills) introduced Bill 32, the Bob Mackie Act¸ 2014, into the Ontario Legislature.  The purpose of Bill 32 is to repeal Ontario’s Niagara Escarpment Planning and Development Act (“NEPDA”).  The NEPDA was passed in 1973 by the Progressive Conservative government of Premier Bill Davis.  The Niagara Escarpment Plan (“NEP”) was approved by Premier Frank Miller’s (Progressive Conservative) Cabinet on June 12, 1985.
The NEPDA and NEP “provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a natural …

Featured, Land Use Planning Law, News »

[24 Oct 2014 | Comments Off on David Donnelly Comments on Development in Midhurst | ]

Development plan divides Simcoe County village
RACHEL MENDLESON / TORONTO STAR
In a rural village in Simcoe County, concerned residents have turned the municipal election into a referendum on growth, and to some extent, the province’s efforts to limit sprawl in the fertile farmland north of the protected Greenbelt.
[…]

However, according to environmental lawyer David Donnelly, who has been involved in a number of land-use battles in Simcoe County, the special rule is “one of the most extreme examples in Ontario of ministerial discretion being used (to) bypass planning laws designed to limit …

Environmental Law, Land Use Planning Law, News »

[24 Jul 2014 | Comments Off on Donnelly Law Clients Host Meeting to Bring Awairness About Fill | ]

Local activists fight “tsunami of soil” at Tottenham Airfield
Wendy Gabrek
The New Tecumseth Times
July 23, 2014
On Tuesday, July 15th the group ‘New Tecumseth, Caledon, King – Citizens for Clean Water’ (or NTCK–CCW, formerly the Tottenham Citizens for Clean Water) held its first General Meeting at the Tecumseth Pines Community Centre.
The event was well attended – with standing room only – and focused on the quality of fill being dumped at the site of the Tottenham Airfield Corporation (or TAC), owned by John Bailey of Brownfield Developments of Toronto, on Hwy. 9 …