LAUREL BROTEN'S OFFICE KEEPING RESIDENTS UP TO DATE

There was a recent Provincial cabinet shuffle and Donna Cansfield is no longer the Minister of Natural Resources.  She was replaced by Linda Jeffrey, a Brampton MPP.  There will be a two week reorganization period for the new minister and her staff to make the transfer.

Laurel Broten's office has assured us that they are closely monitoring MNR's assessment of the probable crown land claim through the ministry's bureaucrats and technicians during this short political dislocation.  They have told us that no public land would be sold without the community being made fully aware beforehand.  They have also agreed to provide the community with information about MNR's policies on the sale of publicly owned waterfront land to developers for private residential development and about how the community can provide input into the decision-making process.

Councillor Grimes’ office has also been contacted by the community and his staff will monitor what is happening too.

DEADLINE EXTENDED FOR DUNPAR'S TITLE APPLICATION

The Land Registrar has extended the deadline for submitting objections until February 26th.  The Ministry of Natural Resources needs to do on-site work to evaluate any claim that the province (the crown) may have on the extra lot depth.
Six local residents as well as Citizens Concerned for the Etobicoke Waterfront were able to submit objections by the earlier January 12th deadline.  Those objections were primarily based on the assertion that the extra land is the result of lake-fill on crown land (the lake bed) and, as such, supported by historic usage, belongs to the people of Ontario and should be kept in the public realm.
The City of Toronto submitted comments as well - "Given that this application will impact on the ownership of an area that may otherwise be public lands, and the fact that the City is not aware if all affected Provincial Ministries have been provided with notice of this application, (we) simply wish to bring the matter to your attention for consideration in the course of your review of the application".
Laurel Broten, MPP Etobicoke-Lakeshore and Donna Cansfield, Minister of Natural Resources, have been made fully aware of the situation.  They both know that the community has a great interest in this matter and that we all are closely watching.

DUNPAR APPLIES FOR ABSOLUTE TITLE

On December 9^th, 2009, Dunpar, through their lawyer Paul Merrick, applied to the Ontario Land Registrar for absolute title to 51 Lakeshore Drive.  It was not until Wednesday of this week that the community at large got knowledge of this application.

There are unsettled boundaries to the lot due to a significant discrepancy between the 1909 survey and the one recently submitted by the developer.  This discrepancy was the reason why the OMB adjudicator adjourned the development hearing last November – to get a clear property limit before a fair ruling could be made. 

Interested parties have only until Tuesday January 12^th to register objections with their lawyer.

It is believed at this point that there is enough of an argument to support the assertion that the extra seventy feet of lot depth is a result of infill work on the lakebed done by previous landowners and/or provincial or municipal bodies after storm activity.  If so, then it is reasonable to regard it as land that belongs to the province and/or the City - land that should stay in the public realm given that lakebed is crown land.  This might be an explanation for the G zoning on the southern portion of the property.

At this point, it is important that an extension to the application deadline be granted so that the community, the province and the City can explore this further before any decision is made.

It is important to note that waterfront land for public use is expensive and problematic to acquire.  Just reflect on what’s been happening with the Mimico linear park with all the issues around holdups and expropriation.  If the public already has a claim to this lakeside property, it would be extremely unwise to let it go without full consideration.