Big Bay Point - The Ontario Municipal Board will rule by Friday noon

The Ontario Municipal Board will rule by Friday noon on a motion to adjourn filed by the Innisfil District Association, a numbered company and Nextnine Limited.

After a full week of hearings, OMB chairperson Jan Seaborn said Wednesday she would consult with vice-chairperson Robert Beccarea Thursday and issue an order by noon Friday. The hearing opened Aug. 8, with a motion to adjourn, based on several points: failure to notify and include the Huron-Wendat nation; intimidation by the developer; and the project being premature due to the anticipated Lake Simcoe Protection Act.

“We want to commence the evidentiary portion of the hearing as detailed by the board’s procedural order, to have begun on Aug. 8. It didn’t because of the motions brought before us. We will have to make decisions on those motions,” said Seaborn.

“We propose to advise the parties no later than noon, Friday, Aug. 17 or as soon as possible before noon. An e-mail will be sent to counsel and will simply indicate the motion to adjourn is either granted or dismissed, with written reasons to follow.”

Depending on how the OMB rules, another motion could be considered: to grant the Huron-Wendat nation party status.

Lawyers for developer Geranium Corporation, Simcoe County, the Town of Innisfil and the Residents of Innisfil Association have all urged the board to deny the adjournment.

They argued the Huron-Wendat nation not only had adequate notice about the high-profile development that has been in the works several years, but also the native group failed to abide by the Courts of Justice Act in giving 15 days notice required for a Constitutional Question to allow the matter to be addressed by the Attorneys General of Canada and Ontario.

The week of hearings has also included a few witnesses, including an archeologist who testified there were a few shards from a pot on the Big Bay Point project site. The Huron-Wendat lawyer is Tim Gilbert – the same lawyer representing the IDA and Nextnine; he was retained in May after high-profile lawyer Jane Pepino quit. His firm has expertise in environmental law, and has managed files including the Walkterton Inquiry and the OMB hearing on the Oak Ridges Moraine.

“In our submission, (a major development) on the lake, with 200 feet of frontage … and the Chippewa a five-minute boat ride away, it’s not enough to say we put ads in the newspaper. Further, we have the archeological report saying there is stuff from the First Nations. Can you say every reasonable effort was made to consult?” argued Gilbert.

He urged the board to grant party status to the Huron-Wendat nation.