OMB Decision of February 5, 2013

 

Rescheduling of the September 2012 OMB Hearing

At the Monday, May 28, 2012 OMB pre-hearing, it was decided that the September 2012 hearing would be delayed until April 2013 to allow Nyon Oil Inc. the opportunity to complete all reports and studies on the project. Counsel representing both the City and Nyon Oil Inc. agreed to the postponement.

The following exhibits were filed at the May 28, 2012 OMB pre-hearing: 

Exhibit #1 - An affidavit of service by legal counsel for Nyon Oil Inc. in respect of the notice and what has been done procedurally, filed with the OMB.  A copy can be obtained on request.

Exhibit #2 - click to view. 

Exhibit #3 - click to view. 

Exhibit #4 - click to view. 

Exhibit #5 - click to view. 

 
 

Memo of May 28, 2012 OMB oral decision issued on June 19, 2012

 

Cancellation of January 18 and 19, 2012 OMB Hearing

The OMB had scheduled November 21 and 22 to consider any motions of legal counsel in respect of process and studies. The lawyers have cancelled November 21 and 22 hearing.  The lawyers were discussing dates for motion consideration for January 18 and 19, 2012.

The January dates have now also been cancelled.

The OMB is waiting for mutually agreed upon dates in February or March 2012 to continue.

Check back here for further updates.

 
 

CANCELLATION OF NOVEMBER 21 AND 22, 2011 OMB HEARING

 

The OMB had scheduled November 21 and 22 to consider any motions of legal counsel in respect of process and studies.  At this point the lawyers have decided that a motion hearing is not required and the OMB has cancelled November 21 and 22 hearing.

The lawyers are discussing dates for motion consideration either January 18 and 19, 2012 or early March 2012.

Check back here for further updates.

 
 

Nyon Oil, Ontario Municipal Board Hearing September 27, 2011

On September 27, 2011 the Ontario Municipal Board conducted a second pre-hearing with respect to the appeals of Nyon Oil Inc. concerning Council's decision to deny the Official Plan amendment and Zoning By-law amendment for the proposed Energy Park. 

The following exhibits were entered into evidence:

Exhibit # 1 was an affidavit of service filed in accordance with the rules of the Ontario Municipal Board and filed by Mr. Ayres, solicitor, representing Nyon Oil Inc. and is not reproduced here as it is administrative in nature. 

If someone wants to see a copy, they may inquire at City Hall and we will endeavour to produce a copy from the Board.

Exhibit #2 - Lyons Creek and Indian Creek Floodplain Assessments - Attachment 1; Attachment 2; Attachment 3; Attachment 4

Exhibit #3 - Notes prepared by Ms. Santo with respect to work undertaken by Nyon since the pre-hearing of April 6, 2011

Exhibit #4 - Revised Site Plan dated July 2011

Exhibit #5 - Letter from the Regional Municipality of Niagara to Ms. Diana Santo dated April 20, 2011

Exhibit #6 - Letter from MMM Group to Patrick Robson dated August 29, 2011

At the close of the hearing, the Board issued an order which is summarized below:

  1. The Regional Policy Plan Amendment application must be filed on or before November 1, 2011, failing which the application will be considered closed;

  2. The hearing of these appeals will be scheduled for a three-week hearing starting on September 10, 2012 and continuing during the weeks of September 17 and 24, 2012.  The hearing is to start at 11 a.m. on September 10, 2012.  No further notice is to be given on behalf of the Board;

  3. Nyon shall have until March 30, 2012 to complete all necessary reports;

  4. A third pre-hearing will be held on May 28, 2012 at 11 a.m.;

  5. November 21 and 22, 2011 have been reserved for the hearing of any Motions in this matter; NOTE:  SINCE SCHEDULING THE ORIGINAL TWO DAYS, A CONFLICT AROSE AT THE BOARD'S END AND ALTERNATE DATES - JANUARY 18 AND 19, 2012, HAVE BEEN SUBSTITUED.

  6. The Board has directed the preparation of a Procedural Order which will require the exchange of expert witness statements by August 10, 2012 with expert witness meetings to be held in June and July 2012.

 Board Decision issued:  November 8, 2011 

 
 

Nyon Oil, Ontario Municipal Board Hearing April 6, 2011

The Ontario Municipal Board (OMB) established September 27, 2011 in the Port Colborne Council Chambers beginning at 11:00 a.m. as the second prehearing conference date.

The OMB has directed that notice will be given again to those on the file as well as to others that may have attended the first prehearing on April 6 and that want to receive notice of the second prehearing.

Exhibit # 1 was an affidavit of service filed in accordance with the rules of the Ontario Municipal Board and filed by Mr. Ayres, solicitor, representing Nyon Oil Inc. and is not reproduced here as it is administrative in nature. 

If someone wants to see a copy, they may inquire at City Hall and we will endeavour to produce a copy from the Board.

Notice of First OMB Prehearing - April 6, 2011

Exhibit 2 - Nyon's Proposed Work Program

Exhibit 3 - Nyon's list of Existing and Future Reports

Exhibit 4 - Nyon's Draft Site Plan