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[14 Sep 2016 | No Comment | ]

September 13, 2016 marked Day 1 of a four-week hearing at the Ontario Municipal Board. Donnelly Law represents Curve Lake First Nation and the Friends of the Fraser Wetlands Inc. (“FFW”).
Curve Lake First Nation and FFW are united in their opposition to the proposed development on the 200+ hectare property near Burleigh Falls, which is connected to the Teaching Rocks (Petroglyphs Provincial Park), an international sacred site.
A first: the OMB will move on to the Curve Lake First Nation for evidence from Elders and a professor of cultural landscapes/archaeology from …

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

[2 Jun 2016 | No Comment | ]

On the sixth day of the Ontario Municipal Board (“OMB”) hearing regarding the Burl’s Creek Event Grounds the OMB heard the opinions of both Mr. Arthur Churchyard, a policy advisor with the Ontario Ministry of Agriculture, Food and Rural Affairs (“OMAFRA”), and Dr. Peter Tomlinson regarding the temporary use by-law proposed for Burl’s Creek and the economic impact of the events happening there.
Mr. Churchyard’s analysis focused at length on Section 2.3.6 of the Provincial Policy Statement, which lays out a number of tests any proposal would need to meet to get …

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

[1 Jun 2016 | No Comment | ]

Week two of the Ontario Municipal Board (“OMB”) hearing regarding the Burl’s Creek Event Grounds opened with the testimony of three lay witnesses called to testify by SaveOro and West Oro Ratepayers’ Association (“WORA”).
The lay witnesses were followed by John Coulter, an acoustical engineer for SaveOro and WORA.
Read the news coverage here.

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

[28 May 2016 | No Comment | ]

Despite assurances and best intentions, the Ontario Municipal Board (“OMB”) hearing into the temporary zoning by-law proposed by Burl’s Creek Event Grounds ended its first week of testimony far away from a resolution.
Darren Vella, founder of Innovative Planning Services and the land-use planner retained by Burl’s Creek, resumed his testimony to close out the Burl’s Creek case. His testimony was designed to tie together the evidence given by the proponent’s other expert witnesses.
It was assumed Vella would be cross-examined Friday as well, bringing a close to the Burl’s Creek case. …

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

[27 May 2016 | No Comment | ]

Numerous stakeholders got their chance to officially tell the Ontario Municipal Board (“OMB”) just how they feel about the proposed temporary use by-law for Burl’s Creek Event Grounds Wednesday night.
Participant statements were heard by the board at the conclusion of a marathon session Wednesday, which lasted approximately 12 hours, including lunch and dinner breaks.
Read the news coverage here.

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

[27 May 2016 | No Comment | ]

On the third day of the Ontario Municipal Board (“OMB”) hearing regarding the Burl’s Creek Event Grounds arguments surrounding archaeological issues and First Nation concerns continued.
The letters from the Huron-Wendat and the Ministry of Tourism, Culture and Sport were brought up again Thursday morning, as Paul Racher, the expert archaeologist for the Montagnais Métis First Nation, testified in front of the board.
During cross-examination, Save Oro and West Oro Ratepayers’ Association lawyer David Donnelly led Racher through the letters, asking his professional opinion on their contents.
“The potential for disturbance is a …

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

[26 May 2016 | No Comment | ]

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 | No Comment | ]

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 …

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[2 May 2016 | No Comment | ]

On April 29, 2016, Donnelly Law represented WORA and SaveOro at the third prehearing conference for the Burl’s Creek Event Grounds Inc. et al. temporary use by-law application.  Donnelly Law brought a motion requesting a prohibition order, amendments to the procedural order on the basis of procedural fairness, and the recusal of the Board Member.  The Orillia Packet & Times reported on the prehearing.
 
Read the news coverage here.

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

[17 Mar 2016 | No Comment | ]

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.