A public interest group's costs order has been reduced
from $110,000 to $50,000 by the OMB.
In November 2015, the Concerned Residents Association of North
Dumfries (CRAND) appealed North Dumfries Township's decision to
allow Preston Sand and Gravel to rezone its property for a gravel
pit. CRAND claimed the gravel pit would generate dust that would
cause air pollution and would pose a substantial risk to human
health.
The OMB dismissed CRAND's appeal and found CRAND's
conduct throughout the hearing to be frivolous and unreasonable.
The OMB ordered CRAND to pay Preston Sand and Gravel $110,000 in
costs.
Following the OMB's decision, CRAND submitted a request for
review pursuant to section 43 of the Ontario Municipal Board
Act which grants the OMB the power to "review, rescind,
change, alter or vary any decision, approval or order made by
it."1 On March 15, 2016, the OMB reduced its costs
awarded from $110,000 to $50,000, payable by CRAND to Preston Sand
and