Of the decision Avery commented, “I’m disappointed but I’m not devastated by the results of the hearing. It was a long hearing and an expensive one. It’s not what we wanted to hear. As far as I’m concerned I was pleased with what we did at the OMB. I think our evidence was good and it was solid. It’s all up to the Chair and he made his decision and we have to respect that decision.”
But the OMB decision doesn’t necessarily mean the end of the battle for Avery. Counsel for Avery will thoroughly review the decision and if an error of law is found within the final report Avery would have recourse to appeal the OMB decision in Divisional Court.
“And we’ll do that if an error is found,” remarked Avery.