City seeks appeal of OMB decision

Thu, December 15, 2005

By JOE BELANGER, FREE PRESS CITY HALL REPORTER



London's battle of the wards with the Ontario Municipal Board begins next week.

Board of control was told yesterday city lawyers will go to divisional court Dec. 20 seeking leave to appeal an OMB decision ordering the city to adopt a 14-ward system.

Two days later, the OMB is scheduled to reconvene its hearing on the issue of dividing the city's seven wards into 14, each with one councillor instead of the current two.

At that time, city legal staff will ask for a review or a re-hearing of the ward issue.

"If the board (refuses the city's request) and issues an order before the end of the year, then the election would be carried out in accordance with the board's order, subject to the outcome of the court appeal," said city lawyer Jim Barber.

Barber also told controllers there's not enough time to hire outside legal help, although the board passed a resolution giving him the option to hire a lawyer if necessary.

In a decision released Nov. 23, OMB member Douglas Gates told the city to work with Imagine London to redraw the city's electoral map to create 14 wards.

In June, Imagine London submitted a petition to city council, signed by nearly 1,000 people, asking council to abolish board of control and create a 14-ward system. Imagine London filed an appeal to the OMB after city council voted to maintain the status quo.

Legal observers say if the divisional court judge is asked to expedite the case, a decision could be made by the end of January. Otherwise, it's possible a decision won't be issued until April or May.

Regardless, if the city's appeal succeeds, city staff say the electoral wards would revert back to the old boundaries.

On Dec. 5, by a 12-7 margin, council voted to seek a review and rehearing by the OMB and to seek leave to appeal to court.