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Opening comments:  More at the end.

[ section above ]  - 15 -

The conduct of the Chair of the OMB - M. Hubbard & Premier Dalton McGuinty

     I have sent the OMB Chair 3 letters (the first 2 letters also were addressed to Mr. Culham)[1] and tried to reach her by phone with no results regarding Mr. Culham's involvement.  This was not noted in the OMB decision and should be considered a Lie of Omission.

     The fact is that the OMB Chair was not responding to my efforts at communication, including the matter of OMB member Culham's Conflict of Interest & Bias and the City's unlawful methods.  There is no indication of the OMB making a special effort to review his decision (given the circumstances) to ensure it was accurate & unbiased.  It should be considered the giving of approval for what has happened, which includes:

*     That the OMB Chair is refusing to meaningfully uphold the OMB Code of Conduct

*     That the OMB Chair is effectively giving permission or licence to OMB member Culham's  conduct

             - to use the OMB's resources (including the writing of Decision/Order 0562) to defame and
                slander me and misrepresent the community effort

             - to use the OMB as a soap box to carry on the personal attacks he started during his
                political career

             - to set what could be a precedent for how Ex-politicians can be involved (again) in matter
                dealt with during their political careers,

             - to treat members of the public in a fashion that serves the City of Mississauga's political
                agenda of keeping the public out of the Planning process

*     That the OMB Chair is approving the City of Mississauga's unlawful methods of keeping the
        public out of the Planning process by not formerly reviewing the City's actions

*     That the OMB Chair is generally showing a Bias toward the City & developer and against the
        CRRA & FCB.

     In my July 16/04 letter[2] to the OMB Chair an effort was again made to correct Mr. Culham's decision that has an "utterly false" statement but the OMB Chair would not properly investigate the matter, refused the request for changes and effectively gave permission for OMB members to use their post at the OMB to carry on with their personal grudges[3].  Marie Hubbard said "Please be advised that the Board will not amend the Decision as you request as there is no material error of fact in the Decision that would warrant a review and amendment of that portion of the Decision to which your letter relates."  In a pig's eye!  The person most likely to know if there is a "material error of fact in the Decision" is the person that it refers to - me.  Her actions avoid a proper "review" in which OMB member Culham would have to explain how that statement came to be included in his Decision.  This is backward logic, saying there is no error, so there is no need for a review to discover if there is an error.  Shows a Bias.  Again, no lawyer, no justice, get lost peasant.

1 - Doc. 57.1 & Doc. 58 & Doc. 60
2 - Doc. 68
3 - Doc. 70


- 16 -

     It should be noted that on Aug. 10/04, an Administration Secretary at the OMB called to say a response to my July 16/04 letter would soon be in the mail.  I brought her attention to the fact that my earlier letters (Doc. 57.1 & Doc. 58 & Doc. 60) had not been responded to.  She sounded surprised and promised to look into the matter and to respond.  There is no mention of my earlier letters in the Chair's Aug. 16/04 letter.  No surprise to me that the OMB made no effort to follow-up.

     Premier Dalton McGuinty's Dec. 17/03 letter[1] to the FCB & CRRA responded to the Nov. 27/03 letter about the City of Mississauga's unlawful methods at keeping the public out of the Planning process.  In this letter it was pointed out that the City of Mississauga was misusing Provincial legislation, the Freedom of Information Act (FOI) and therefore the Premier would have jurisdiction in this matter.  It was very disheartening to read his letter.  In it, he tells me to take up the matter with the bully causing the problem and work things out.  It was like writing to the governor of Illinois to complain about the crime in the city of Chicago in the 1920's and having the governor write back saying discuss it with Al Capone.

     A letter in response to Premier Dalton McGuinty's was sent that specifically noted the Ontario government and how he does have jurisdiction and is "ultimately responsible for its fair use", regarding its Acts.  The reply was that he sees my concerns as dealing with the Official Plan of Mississauga, again avoiding Provincial responsibility and it was passed on to the Minister of Municipal Affairs and Housing.  This is what the British call playing "Silly Bugger".

     The letter from the Minister of Municipal Affairs and Housing[2] was received as this brief was being delivered to government members.  The indifference and lack of concern towards the issues shown in his response are the hallmark of a government letter telling taxpayers to get lost, we don't care!  First of all, there was no effort what-so-ever by the Minister or his staff to contact me to understand the issue and the wrong statements in the letter the Minister signed, are embarrassingly so.  First of all, he begins his letter with the statement that he does not understand the issues in the letter, 'It appears that you'.  He avoids the key issue that his Ministry should be concerned about, taxpayers being shut out of the Planning process.  In an all too typical government move Mr. Gerretsen says go somewhere else - the run around.  It is important to note that he does not forward the letter but throws it back in my face.  Clearly he feels no responsibility or desire to ensure that Ontario taxpayers can fairly participate in the Planning process and this is proved by the lack of effort to understand the issue.   A 10 year old would have a better understanding of Doc.# 71 than he shows.  At the end he has the gall to say "thank you for sharing your concerns".  The final insult is his suggestion to make a submission to the OMB land-use planning reform, this from a man who will not make the effort to actually read what people write.

     The OMB responded surprising fast to the Culham brief.[3]  Given what it says, it is more than likely it was not seriously read or considered, if at all.  Just throw a reason in taxpayers face.  After all if you have no lawyers to buy justice, it means you are treated as an inferior, so get back in your place and don't get uppity.  The community was just asking for fairness and justice.  The OMB made it clear they were the wrong place to seek that.  The letter states we were not a party in the proceedings (it does not even list Mr. Boss as involved), so we have no right to point out errors so that the OMB, itself would do a review.  Interesting how the OMB says taxpayers can participate so long as it is meaningless!  Even more interesting are the facts in Other Enclosures - E.  It shows the omissions made by the OMB Chair and the kind of leadership at the OMB.

     The Chair's letter, shows to me her complete disregard for fairness, natural justice and the OMB own Code of Conduct, just what we expect from Ontario's bureaucrats.  The OMB Chair is listed as the former mayor of the Town of Newcastle.  She is likely very sympathetic towards Hazel McCallion's effort at disempowering taxpayers and keeping them down.  She has written "My role as Chair is a most rewarding responsibility.  It is a pleasure serving Ontarians in this challenging, dynamic environment", proof the politically mind like to say the opposite to the truth?

1 - Doc. 55
2 - Doc. 72
3 - Doc. 73


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