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This what an out-reach is all about, others sharing valuable information about those in government who have wronged us and that shows you are not the only ones who question their conduct.  It also shows how hearings can be conducted and that others should be aware of them, so to watch for these methods and not to be taken by surprise.

This is made all the more important as it shows that Mr. R.A. Beccarea and Mr. D.J. Culham have a past working together, interesting as it was Mr. R.A. Beccarea who stepped aside so Mr. Culham could take over the OMB Appeal that is noted in "The Culham Brief".

It is also very interesting to read about Mr. Culham's behaviour regarding environmentally significant lands.  In Mississauga he was regarded at the environmentally conscience Councillor.  How quickly he forgets.

RE:   KANGAROO COURT IN CARDEN PL990453

Dear Mr. Johnson:            September 14, 2002

I am writing regarding the recent hearing of Ferma Aggregate's appeal to the Board, which ended September 11, 2002, and the disturbing behaviour of the two members, Mr. D.J. Culham and Mr. R.A. Beccarea.

Mr. Culham appears a caricature of an efficiency expert.  It seemed outrageous to him that 1000 acres could sit idle for over ten years while the applicant tried to obtain revised zoning from a resistant municipality.  From November 23, 2001, when the hearing of Ferma's appeal of the City' Interim Control By-Law concluded and Mr. Culham announced that he was going to decide in favour of the applicant and would give his reasons later, one ruling after the other favoured expeditious licensing.

Participants were scheduled very early in the proceedings effectively
preventing them access to and understanding of the technical documentation.  Requests for a later time or a second appearance were rebuffed.  Witnesses against the project were cut-off.  The Chair often questioned witnesses himself to negate evidence that might prejudice the application.

Never mind that the proposed quarry would threaten two nests of an endangered species plus destroy 400 acres of endangered species habitat in direct contradiction of the Planning Act.  Never mind that the dewatering permit Ferma had obtained from MOE was acknowledged to be understated by 80% and that the additional water was probably coming from a Provincially Significant Wetland also precluded under the Planning Act.   Never mind that unwilling neighbours, their water supply threatened, predated Ferma by several generations.  Never mind that the location of the quarry was nearly 40km from the nearest provincial highway while alternate suitable sites were available adjacent to these thruways.  Never mind that the five existing quarries in Carden were only shipping 20% of their capacity and represented a thirty-year supply.  Never mind that the municipality had been resisting for over ten years and that not one local person spoke in favour.  Mr. Culham was not going to allow these concerns to interfere with his preconceived course.

Mr. Culham may be focused and attentive to detail but he is not sufficiently open minded to judge rightly between opposing positions.

Mr. Beccarea, after showing some initial interest, soon appeared bored with the farcical process.  He advanced clock watching to a new high determined not to miss his activities scheduled after the adjournment.  During the participants session he took no notes and appeared on the verge of falling asleep.  We nick named him Bacardi.

Occasionally he did emerge to coach the applicant's lawyer and to curtail cross-examination of Ferma's witnesses when it became too aggressive.  However, out right bullying by the applicant's counsel was not only allowed but seemingly enjoyed.

Mr. Beccarea may be an admired lawyer in London, as he claims, but he is not really interested in the OMB hearing process.

After attending almost all the sessions, I left disgusted.  I have heard many criticize the OMB and even recommend abolishing it.  I have joined their camp.

Yours truly    Lou Probst    Kirkfield, ON

Cc: Chris Hodgson

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