Clearview Township will support Walker Industries in the judicial review
All encouraged to attend judicial review April 25 at Osgoode Hall
Clearview Community Coalition Newsletter December 20, 2012
Excerpt from the Clearview Township Council Minutes – Nov.26, 2012
Resolution: Moved by Councillor Brown, Seconded by Councillor Measures, RESOLVED that Council direct our Solicitor, Ian Rowe to actively participate in the NEC Judicial Review Application to oppose such review on the basis of the Township’s position at the hearing and consistent with the prior settlement with Walker and on the basis that costs be covered by Walker Industries. Motion Carried.
Council Meeting Report Creemore Echo Nov. 30th
By Brad Holden
Clearview Council held an in camera discussion Monday night concerning the upcoming judicial review of the Consolidated Hearings Board’s approval of the Walker Aggregates quarry expansion, and once back in public session voted to direct Township staff to participate in the judicial review. The motion also indicated that Walker Aggregates would pay the Township’s legal expenses for taking part in the proceedings.
Councillors Brent Preston and Thom Paterson voted against the motion, with Preston indicating his continued opposition to the Township’s agreement with Walker Aggregates and Paterson questioning the appropriateness of having the company pay the Township’s bill.
Councillor Shawn Davidson, voting in favour of the motion, stated that Clearview had been very consistent in support of the Walker expansion, and noted that the basis for the judicial review largely rests with the testimony of the Township. “I think it’s entirely appropriate that we take part,” he said.
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As outlined in a previous CCC Newsletter, CCC made a deputation before Clearview Council, in October, requesting that Clearview Twp not participate in opposition to the Niagara Escarpment Commission at the judicial review, in part, because the outcome of the judicial review could be precedent setting.
So we are disappointed but not surprised that most Clearview Council members have failed to acknowledge the broader implications of the review sought by the Niagara Escarpment Commission.
THE TIMETABLE FOR THE HEARING OF THE JUDICIAL REVIEW APPLICATION HAS BEEN SET
Consultation among counsel for the participating parties and the court has resulted in the following timetable:
-Prior to April 15th all parties will make written submissions to the court.
-April 25th – One-day hearing of the judicial review application before Divisional Court at Osgoode Hall, Toronto. Save the date. CCC is encouraged to attend.
SEASON’S GREETINGS
The CCC Board would like to take this opportunity to thank all CCC members and friends for their outstanding support throughout this long battle. It has truly been a team effort, and we are optimistic that the court will overturn the joint board’s majority decision.
We wish you a joyous holiday season.
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