Update – 420 Bathurst (Kromer Radio) OMB Hearing Info

Councillor Mike Layton’s office has asked us to distribute the following information:

Hello All, 

A big thank you to those who were able to attend yesterday. We appreciate you taking the time to come out and hopefully you took some important information from the meeting. 

Please see attached files for more detailed information on how to be involved at the OMB. (Included in package distributed at the meeting)

Let’s begin with the Logistics: 

The Hearing will be Scheduled for 4 Days beginning on October 9.

Assumed Usual format:

The first 2 days will allow (Rio Can) to present

3/4th day will allow the City Solicitor/Party and/or participants present

(This all depends on how the judge decides to proceed)

Location & Time

  • October 9, 10:00 AM

  • 655 Bay St

  • 16th Floor

In case you missed it, Here are a few key items we discussed at the OMB preparation meeting where the City Solicitor introduced some key issues, pointers and outcomes. Below is a brief description.

The City solicitor emphasized that City Legal does not have a legal position. At the OMB hearing, solicitor will have a planner present in opposition to the variances proposed.

If you register as a party you must attend all 4 Days. (Time Commitment)

An alternative is that you may register as a participant in which requires you attend your pre-scheduled time slot – (Solicitor will ask for this)

These time slots will most likely be available during Wed – Thurs Morning. (I will distribute time slots once I receive more information, subject to its availability)

If you choose to attend you will be considered a witness and subject to cross-examination.

There are no limits to speak, however nice, short, pity bits of information are favourable.

Please Consider:

  • OMB is not influenced by the number of people rather the quality/uniqueness of each argument brought to the witness stand and cross-examined.
  • Avoid repeating similar arguments.
  • Proposing an argument in how you are directly affected defining a personal circumstance has more weight on the decision.
  • A petition or any argument that is not given hardly any consideration because it does not provide as much truth as a single person who is to swear on oath would.
  • If you cannot attend on any of the dates specified, the best method is to send in a letter on your behalf or send a letter and authorize another person to attend and present your letter on the witness stand without cross-examination. However, Items that are not cross-examined carry less weight on the decision.
  • Only BIA’s and Resident Associations may submit a letter and take a position however, this must be in writing and a original copy of authorization is required.

Topics you should consider at the stand:

  • Physical Impact on you directly.
  • ex : *intensity of activity, lighting
  • Official Plan Policies
  • *Avoid references to transit capacity.*
  • ***Overall, the board will be focusing on the use of the area not the construction***

If you have any further questions on the above feel free to contact me.

If you would like more information/guidance on what you would like to propose, kindly contact the City Solicitor directly:

Brendan O’Callaghan
Legal Services
For more information on this process, or for questions regarding this, please contact :
Ashley Da Silva
Constituency Assistant (South)
Office of Councillor Mike Layton
Ward 19, Trinity-Spadina
416-392-4010 (Direct)

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