'Annoying' man spared $40,000 OMB legal bill
But board chair chides North York man for waging an ill-prepared battle against condo driveway
Mar 26, 2009 04:30 AM
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RAVEENA AULAKH
STAFF REPORTER
Note: This article has been edited to correct a previously published version.
A North York man who waged a losing battle against a condo building has been spared having to pay the developer's legal costs but was slammed by the Ontario Municipal Board for actions that were "frustrating and annoying."
In the ruling delivered this week, OMB chair Reid Rossi came down heavily on Sergiy Kaznadiy, calling him an unsophisticated witness who did not plan properly for the hearing on his appeal last October. Kaznadiy had accused the traffic expert involved in the case of fabricating data.
Kaznadiy went to the board last year in a bid to block Elm Sheppard Inc., which was building the condos, from placing a driveway on Yeomans Rd.
He contended the road was too narrow and that condo traffic would add to the congestion.
Kaznadiy, who lives on nearby Alexis Blvd., said he had been the victim of two accidents at Yeomans Rd. and Sheppard Ave., which resulted from crowded traffic.
The board ruled in favour of the developer, who then brought a motion for costs against Kaznadiy.
Christopher Williams, lawyer for the developer, called Kaznadiy's actions "unreasonable, frivolous and vexatious" and sought $40,000, the costs incurred at the hearing.
Williams argued Kaznadiy did not co-operate with the city or the developer on clarifying the issues, requested an adjournment but failed to inform the developer, did not present any evidence of valid planning reasons and didn't bring any experts to support his claims at the one-day hearing.
At last week's hearing for costs, Williams told the chair that Kaznadiy and his wife regularly attended town-hall meetings when the project was being discussed and understood what was expected from them at an OMB hearing.
"I thought he would retain lawyers and experts," said Williams.
"But he even failed to answer any correspondence. To me, it shows a pattern of unreasonable conduct."
Kaznadiy replied he couldn't afford lawyers but admitted he was unfamiliar with the workings of the board and may have made mistakes, such as requesting adjournment but failing to inform everyone.
"My lack of experience should not mean penalizing me for costs," he told the chair, adding that he was stressed and scared by his two traffic accidents.
"I made the appeal in despair ... to the traffic conditions."
Kaznadiy and his wife's unfamiliarity with procedures was obvious at the hearing, when she interrupted the proceedings twice. The second time, an irate Rossi asked her to refrain, "or I'll have to ask everyone to clear the gallery."
Later, he asked Kaznadiy what he expected when he approached the board.
"I didn't want to malign anyone ... I only wanted them to change the driveway and hoped the OMB with its professional experience would do that," said Kaznadiy.
In the three-page decision, Rossi, who also heard the original case, denied the developer's request for costs, saying that, "as frustrating and annoying as the appellant's actions may be, his performance at the hearing did not breach the requisite bar as called for under the rules."
The 53-year-old Kaznadiy, who works for a bottled water company in Toronto, said he was relieved and happy with the ruling.
"I was just a resident concerned with the traffic situation," he said yesterday.
"I'm grateful the board understood that."
"I surfed the Internet and made my points," he added. "But if I was unprepared, all I can say is I tried to do my best."
here's a link to the original decision... too bad we don't have something like the UK system where most appeals can just be dismissed/resolved in writing.
http://www.omb.gov.on.ca/e-decisions/pl080452-Oct-30-2008.pdf
