Ontario Municipal Board and the issue of awarding costs

This posting is to follow up on a blog posting I made last year - OMB, Citizen Involvement and the threat of costs.

To recap, an application filed last year by Kimvar, the developers of Big Bay Point Resort, seeking recovery of legal costs from the Innisfil District Association, Nextnine, 2025890 Ontario Ltd., and Gilbert's LLP lawyers, Tim Gilbert and David Donnelly. The OMB had already approved the development.

This application was dismissed by the Ontario Municipal Board (OMB).

The full text of the decision can be found here - http://www.omb.gov.on.ca/e-decisions/pl050290-Jan-30-2009.pdf

You can read the decision for the particulars about this case; however, some general information that may be useful can be found in the decision. In particular, this statement in the decision is of importance:

The decision in this matter is intended to reinforce and reiterate the Board's practice that costs are not awarded lightly nor are they awarded routinely. Awards of costs are rare, especially proportionate to the number of cases decided by the Board. Potential parties and the public should not be fearful of participating in Board proceedings, a sentiment that has been expressed in decision after decision. Costs should never be used as a threat or a reason to dissuade public participation. The Board has the statutory jurisdiction to award costs for the purpose of controlling its process. Costs before the Board have never been intended to follow "the cause" nor are they intended in any way to indemnify a successful party. Each application for costs is decided on its own merit, based on an assessment of conduct.

City of Toronto City Council items as of February 18, 2009

Here are some interesting City of Toronto items that are being heard by Toronto City Council at their upcoming meeting for February 23-24, 2009. In addition to hearing items for consideration coming out of the various Committees and Community Councils, there are also various routine matters, new business arising items, and member motions that will occur at this meeting.

City Council Agenda - Meeting 31

Committee Reports

• Executive Committee Meeting 29
• Community Development and Recreation Committee Meeting 22
• Economic Development Committee Meeting 19
• Government Management Committee Meeting 21
• Licensing and Standards Committee Meeting 19
• Planning and Growth Management Committee Meeting 23
• Public Works and Infrastructure Committee Meeting 22

Community Council Reports

• Etobicoke York Community Council Meeting 24
• North York Community Council Meeting 23
• Scarborough Community Council Meeting 23
• Toronto and East York Community Council Meeting 23

Other Selected Items

• IA31.1 - New City Corporation – Build Toronto
• CC31.1 - 716 Sheppard Avenue East – Recommended Settlement of Superior Court Action
• CC31.2 - Report on Violation of Code of Conduct by Councillor Ford
• CC31.3 - Authority to Execute a Letter of Agreement with the Government of Ontario for Ontario Bus Replacement Program Funding
• CC31.4 - Development Charge Credits for the Construction of a Portion of the Redlea Avenue Extension and Expropriation of a Portion of 14 Passmore Avenue
• CC31.5 - Review of OMB Decision - 840 – 842 York Mills Road and 16 Lesmill Road, Official Plan and Zoning By-law Appeals - Phase 1 Decision
• CC31.6 - Appeal of OMB Decision Re: 1844-1854 Bloor Street West, 6-14 Oakmount Road, and 35 and 47 Pacific Avenue - Appeals of Demolition Permit Refusals
• CC31.7 - Court Applications by Toronto Port Authority and Porter Airlines
• CC31.8 - Federal PILT Dispute Advisory Panel Decision – Toronto Port Authority Properties
• CC31.9 - Outstanding Motel Strip Liabilities
• MM31.1 - Request the Federal Government to Maintain Daycare Subsidy Funding in 2009 Federal Budget
• MM31.2 - Amendments to the Umbrella Agreement - Sony Centre for the Performing Arts
• MM31.3 - Sony Centre, 1 Front Street East- Limiting Distance Agreement

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Interesting City of Toronto Committee items as of February 16, 2009

Here are some interesting City of Toronto items that are being heard by various committees at their upcoming meetings. For more information and recommendations on these items, please see the Background Information sections of each item.

Budget Committee (Operating Budget) - Meeting 42 - February 17, 2009

• BU42.1 - 2009 Operating Budget Hearings - Councillors

Budget Committee (Operating Budget) - Meeting 43 - February 18, 2009

• BU43.1 - 2009 Operating Budget Hearings - Public

Budget Committee (Operating Budget) - Meeting 44 - February 19, 2009

• BU44.1 - 2009 Operating Budget
  Background Information
  Analyst Briefing Note links
• BU44.3 - Amendments to Recycling Processing Fees Related to Residue Percentage
  Background Information
  Amendments to Recycling Processing Fees Related to Residue Percentage
  Attachment 1
• BU44.4 - Acquisition of 283 Greenfield Avenue
  Background Information
  Acquisition of 283 Greenfield Avenue
  Attachment 1
  Appendix A
  Appendix B

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February 2009 Updates for Media Center

Microsoft released cumulative updates for both Media Center for Vista (KB960544) and the Media Center TV Pack for Windows Vista (KB958653).

The following lists provide details as to what is provided within each fix.

February 2009 Cumulative Update for Media Center for Windows Vista (KB960544)

• The Ehvid.exe process crashes. This issue is reported by the Dr. Watson application when it occurs.
• Only the audio part of back-to-back recordings plays on computers that have digital cable card tuners. This issue is occurs after the installation of update 955519.

This is a cumulative update. This update replaces the following updates:

• 955519 October 2008 Cumulative Update for Media Center for Windows Vista
• 950126 June 2008 Cumulative update for Media Center for Windows Vista
• 947172 February 2008 Cumulative Update for Media Center for Windows Vista
• 941229 October 2007 Cumulative Update for Media Center for Windows Vista
• 935652 June 2007 Cumulative Update for Media Center for Windows Vista
• 932818 April 2007 Cumulative Update for Media Center for Windows Vista

Download Links:

• February 2009 Cumulative Update for Media Center for Windows Vista, 32-bit versions
• February 2009 Cumulative Update for Media Center for Windows Vista, 64-bit versions

February 2009 Cumulative Update for Media Center TV Pack for Windows Vista (KB958653)

• Fixes an issue in which the screen saver starts every 10 minutes when you play music with photo slides how in Windows Media Center Extenders.
• Fixes an issue in which continuous music playback fails in Windows Media Center Extenders.
• Fixes a robustness issue in scenarios with in-band data (DVB).
• Fixes an issue in which in-band schedule data recordings are split into multiple files.
• Fixes an issue in which the computer may crash after you remove or upgrade tuner hardware.
• Fixes an issue in which guide data stops downloading.
• Fixes an issue in which scheduled recordings disappear.
• Improves the experience of re-enabling device sync for recorded TV.
  Note: To improve the experience of re-enabling device sync for recorded TV, you should also install the update that is mentioned in Microsoft Knowledge Base article 960774.

This is a cumulative update. This update replaces the following updates:

• 956147 Cumulative Update for Media Center TV Pack for Windows Vista
• 957209 Update for the Windows Media Center TV Pack for Windows Vista: December 4, 2008

Download Links:

• February 2009 Cumulative Update for Media Center TV Pack for Windows Vista, 32-bit versions
• February 2009 Cumulative Update for Media Center TV Pack for Windows Vista, 64-bit versions

Both of these updates are also available through Windows Update.

City of Toronto Committee/Council Decision Documents up to City Council Meeting 30

Here are links to the decision documents of City Council and various Committees leading up to the City Council Meeting 30 on January 27-28, 2009.

City Council - Meeting 30

Executive Committee Meeting 28

Standing Committees

• Community Development and Recreation Committee Meeting 21
• Economic Development Committee Meeting 18
• Government Management Committee Meeting 20
• Licensing and Standards Committee Meeting 18
• Parks and Environment Committee Meeting 21
• Planning and Growth Management Committee Meeting 22
• Public Works and Infrastructure Committee Meeting 21

Other Committees

• Board of Health Meeting 20
• Affordable Housing Committee Meeting 8

Community Council Reports

• Etobicoke York Community Council Meeting 23
• North York Community Council Meeting 22
• Scarborough Community Council Meeting 22
• Toronto and East York Community Council Meeting 22

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Interesting City of Toronto Committee items as of February 4, 2009

Here are some interesting City of Toronto items that are being heard by various committees at their upcoming meetings. For more information and recommendations on these items, please see the Background Information sections of each item.

Budget Committee (Operating Budget) - Meeting 41 - February 10, 2009

• BU41.1 - Introduction of 2009 Operating Budget

Board of Health - Meeting 21 - February 10, 2009

• HL21.1 - City of Toronto-South East District Botswana HIV/AIDS Prevention Partnership Update
  Background Information
  hl21.1 - City of Toronto - South East District Botswana HIV/AIDS Prevention Partnership Update - Staff Report
• HL21.2 - Childhood Immunization Coverage in Toronto
  Background Information
  hl21.2 - Childhood Immunization Coverage in Toronto - Staff Report
• HL21.3 - Hot Weather Response Plan Update
  Background Information
  hl21.3 - Hot Weather Response Plan Update - Staff Report

Government Management Committee - Meeting 21 - February 11, 2009

• GM21.1 - 2008 Final Report on Property Sales and Acquisitions
  Background Information
  Report - 2008 Final Report on Property Sales and Acquisitions
  Appendix A - GM21-1
  Appendix B - GM21-1
• GM21.4 - 481 University Avenue – Designation of a Portion of Premises as a Municipal Capital Facility (Ward 27)
  Background Information
  Report - 481 University Avenue - Designation of a Portion of Premises as a Municipal Capital Facility
• GM21.11 - An Unsolicited Proposal – The Wired Canada Program
  Background Information
  Report - An Unsolicited Proposal - The Wired Canada Program
  Appendix 1 - GM21-11
  Appendix 2 - GM21-11
  Appendix 3 - GM21-11
• GM21.13 - Review of Income Generating Signage (Billboards) on Toronto Parking Authority Property
  Background Information
  Memo - Review of Income Generating Signage (Billboards) on Toronto Parking Authority Property
• GM21.14 - Making City Hall Customer Friendly
  Background Information
  Memo - Making City Hall Customer Friendly
• GM21.15 - Request for a Policy on How the City Provides City-owned Assets at No Cost to Non-Profit Organizations
  Background Information
  Member Motion - Request for a Policy on How the City Provides City-owned Assets at No Cost to Non-Profit Organizations

Economic Development Committee - Meeting 19 - February 12, 2009

• ED19.1 - Economic Challenges and Opportunities for Toronto

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