PRESS RELEASE
September 21, 2010
MUNICIPAL CANDIDATE SUED BY
DEVELOPER
FORCED TO WITHDRAW OBJECTION
TO LAND CLAIM
Residents of New Toronto have
been slapped with a million dollar lawsuit by a developer unless they withdraw
their objections to his application to the Land Registry offices for absolute
title to a disputed piece of land. Neighbours objected because
they believe part of the land being claimed by the developer is publicly owned
waterfront.
At 51 Lake Shore Drive land zoned
“G Open Space” next to the shoreline was created by dumping fill in Lake
Ontario. Local residents want this land transferred to the City or Conservation
Authority to protect public access to the waterfront which the community has
enjoyed for decades.
“This is bullying and
intimidation” said Jem Cain of Sixteenth Street; who has been involved in the
community’s efforts to ensure that the development proposal maintains a window
on the lake from the Waterfront Trail. The residents want to know
what regulatory statute allows the developer to claim the majority of landfill
in front of his property (zoned Open Space). The residents turned to the
Ministry of Natural resources for help in protecting what they believe is public
land.
Ms Cain is a candidate for City
Council in Ward 6 and is reluctantly withdrawing her objection to the
application for absolute title. “The letter from the developer’s lawyer states
that the appropriate forum to voice our concerns is the OMB and then demands
that we sign away our democratic right to object,” says Ms Cain.
The issue of who owns the land is before the Land Registry Offices and
not the OMB. “Other residents and I have been forced to withdraw because we
cannot afford to risk this outrageous claim for damages.”
Surveys of the lot at 51
Lakeshore Drive show the southern limit of the land in 1909. A 2006 survey shows
that approximately 75 feet of additional land extended the lot out into the lake
between 1909 and 2006. There do not appear to be any official records of when
lake filling occurred or how much of the property is accreted land. Residents
asked the Ministry of Natural Resources to identify and protect the land that is
publicly owned. The Ministry is only claiming approximately 25 feet of landfill
and has not communicated the logic behind that decision to the
community.
“The only official communication
I have received is threats from the developer’s lawyers. Absolutely nothing has
been communicated directly from the Ministry of Natural Resources or Land
Registry regarding decisions on who really owns the land,” said Ms
Cain.
The developer has demanded that
the residents withdraw the objections they have filed with the Land Registry
Office and sign a document stating they have no objection to the developer’s
application.
The developer’s proposal for
seven residences on the lot will be heard by the OMB only after the issues
surrounding land ownership are resolved. The site is currently occupied by a
vacant building which was once a small nursing home for seniors. It sits close
to the street frontage on Lakeshore Drive with the disputed area along the
lake’s edge as backyard.
The current zoning will permit
the development of a semi-detached dwelling unit or a single-family home.
The developer is seeking approval to build six large semi-detached
dwelling units and a large single family home.
“Redevelopment that
reflects good planning and fits in with the existing neighbourhood would be
acceptable to the neighbours. A brick fortress of seven four-story residences is
out of character with this neighbourhood and will ruin the panoramic view of
Lake Ontario and the city skyline that is enjoyed by thousands of people who use
the Waterfront Trail year round,” says Ms Cain.
FOR MORE INFORMATION:
Jem Cain
131 Sixteenth Street, Toronto, Ontario M8V
3J9
416-259-7328 jemcain@gmail.com
