A Niagara Escarpment Hearing Officer recently had to decide how many unsuccessful efforts to contact an appellant were enough. Dr. Deborah Truscott appealed a proposed municipal park development. While she successfully filed her notice of appeal, she did not submit additional material on time, failed to attend three pre?hearing teleconferences, and made no response to a draft of revised permit conditions. The city then served her by mail with notice of a motion to dismiss her appeal. By April 28, Dr. Truscott had not provided information that had been due on April 7th. The hearing officer dismissed her appeal, holding that ample attempts had been made to give Dr. Truscott a reasonable opportunity to participate in the hearing. These included several emails and at least two phone calls to her residence, including a message left with her husband. Truscott v. Niagara Escarpment Commission April 28, 2011 Div. No. 011132097
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