Expert Testimony

Expert Testimony

Colville Consulting Inc.’s staff have been qualified by and have experience before various tribunals such as the Ontario Municipal Board, Assessment Review Board and Environmental Review Board, as well as the Ontario Superior Court of Justice as experts in the fields of agrology, agricultural impact assessment, soil survey and assessment of agricultural land capability, environmental biology and planning, and environmental impact assessment.

Examples include:

Ontario Municipal Board

Canadian Motor Speedway – Town of Fort Erie, OMB Case No.: PL100362, OMB File No.: PL100362

Client: 1746301 Ontario Inc.

In 2012, Colville Consulting Inc. was engaged to provide expert testimony in support of the Agricultural Impact Assessment and Environmental Impact Assessment prepared for the proposed Canadian Motor Speedway in Fort Erie. Both reports demonstrated that the net impacts resulting from the proposed major development will be minimal, unavoidable and acceptable. A final and favourable OMB decision in support of this unique facility was received in June, 2013.

Bayou Cable Park – Township of Amaranth, OMB Case No.: PL120922, OMB File No.: PL120991

Client: Bayou Cable Park Inc.

In May 2013, Colville Consulting provided expert testimony in support of an appeal to the Ontario Municipal Board by Bayou Cable Park to respond to the Township of Amaranth Council’s refusal to rezone lands from Rural to Recreational and to permit a portion of the lake to be used as a wakeboard facility / cable park. Colville Consulting concluded that the potential for negative effects on agriculture were minimal and that the proposed recreational facility met the Minimum Distance Separation setback requirements.

840966 Ontario Ltd. – Bram West Block 40-3 Appeal to OMB, OMB NO:  – PL090856

Client: 840966 Ont. Ltd. on May 12, 2010

Colville Consulting was retained in 2010 by 840966 Ontario Ltd. which appealed Special Policy Area 16 (Policy 3.8.6) in the City of Brampton. The City of Brampton and Maple Lodge Farm Ltd. argued that the SPA is necessary to protect both new sensitive land uses proposed within the SPA and the existing practice spreading of biosolids on agricultural land as carried out by Maple Lodge Farm.  Colville Consulting provided testimony as an expert in agrological/agricultural impact and land use matters. The testimony focused on an explanation of the Nutrient Management Act and the Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Land. Colville Consulting demonstrated that MOE separation distances from residential uses can be substantially reduced by undertaking Best Management Practices and that Policy 3.8.6 is unnecessary.  The OMB allowed the appeal in part and the City of Brampton agreed to modify the Policy 3.8.6.

 

2008

Riverview Homes Niagara Appeal, OMB CASE NO:  – PL060875, OMB FILE NO:  – O060159

Client: Riverview Homes

 

Schickedanz Homes Appeal, OMB CASE NO:  – PL060875, OMB FILE NO:  – O060159

Client: Schickedanz Homes

 

2005

P&L Livestock Ltd., OMB CASE NO:  – PL050102, PL050103, OMB FILE NO: CO50039, CO50040

Client: Paletta International

 

2004

Lundy Consent Application, OMB CASE NO:  – PL040202

Decision Order No:  – 1709

Counsel: Mr. Brian Sinclair

Planner: Greg Hynde – Hynde Paul, St. Catharines

OMB e-decision

 

Expert Testimony experience prior to 2003

Artimesia Waters Ltd. – Agricultural Impact Assessment in support of a water bottling plant

Lookout Golf Club – Agricultural Impact Assessment in support of a driving range in the Town of Pelham

Town of Pelham – Agricultural Impact Assessment in support of Urban Boundary Expansion for the Town of Pelham

Armbro Ltd.  – Agricultural Impact Assessment in support of expansion of Pinchin pit in Town of Caledon

 

Assessment Review Board

In 2013, as part of a Farm Property Assessment Appeal, Colville Consulting Inc. was retained by the Town of Fort Erie to provide an opinion as a Professional Agrologist as to whether a property within the Town’s urban boundary can be considered “farm land”. The lands are currently zoned for commercial purposes. They have been cleared and the majority of the property is in common field crop production. Agricultural use of the lands is not a permitted use under the commercial zoning. Colville Consulting concluded that the lands are not farm land. They are urban lands being used for agricultural purposes which is a non-conforming land use.

Client: Town of Fort Erie