Press Release – June 26, 2014 – Timeline for Ostrander Point Court of Appeal Case

June 26, 2014 Borys Holowacz Latest Posts

Picton: Thursday, July 3 marks one year since PECFN received notice of the club’s successful appeal to the Environmental Review Tribunal.  Almost a year later now, PECFN is going into the appeal (Court of Appeal), of the appeal (Divisional Court), of the appeal (Environmental Review Tribunal).  In April, a stay on any construction at Ostrander Point was granted until the matter is resolved.  “Having been successful with the stay and with the ERT and also now the permission to proceed to the Appeal Court, PECFN has a 3/1 success rate” commented PECFN president, Myrna Wood. “That makes us optimistic for a good outcome at the Appeal Court.”

Legal Council, Natalie Smith has provided the following timeline information:

“1. We file a notice of appeal by next Friday June 27th;

2. We have to “perfect” the appeal by filing another factum, along with a book of authorities, appeal book, exhibit book, and a book of transcripts by July 28th;

3. We should then receive MOE and Gilead’s responding materials by September 26th.

The hearing won’t take place until all materials have been exchanged so we’re looking at a few months at least. “Everything is limited to questions of law so there are no further opportunities for witnesses to give evidence.  The Court of Appeal will be focusing on the Divisional Court decision and whether the Court’s conclusions regarding the Tribunal’s decision were correct.  Our arguments won’t change materially from those made at the leave stage so most of the work has already been done.”

When asked “How much is all this costing?”   Wood replied “That is a difficult question to answer as we prepare for the Ontario Court of Appeal.  Proceedings are on-going and our lawyers are working hard on our behalf. We need to press on with our fund raising so that we can be assured that everything possible has been done to keep Ostrander Point safe.”

Coming up is the Turtle Concert on Sunday July 13, 2:30 pm at the Picton United Church.  This will be an afternoon of great music from many County Artists in all genres.  Tickets ($20) will be available at the door or in advance at www.saveostranderpoint.org .

For information:    Cheryl Anderson cherylanderson@sympatico.ca  613-471-1096, 613-849-7743

Myrna Wood myrna@kos.net 613-476-1506

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