Investigation Report: Ombudsman Act –  City of Winnipeg

2022-01-11

Summary

A Winnipeg resident applied for permission to construct a driveway that did not conform to one of the rules for driveways in Winnipeg’s Private Access By-law. The bylaw allows the community committee for each area to approve an application even when a proposed driveway does not meet the rules. Ultimately the resident submitted three applications to the city, paying the application fee three times. His application was approved after his third attempt, despite the fact that it was the same proposal that he had submitted on his second attempt, which had been denied. The resident complained to our office that his application was treated unfairly by the community committee and the city. The ombudsman found that there were different interpretations of the Private Access By-law among city entities and that the resident did not receive reasons for the second denial of his application. The ombudsman recommended that the city review the bylaw and develop a common interpretation of the relevant provision, that community committees deliver verbal reasons for decisions and record them in minutes and that the city refund one of the application fees paid by the resident.

Case 2018-0313