Monday, April 18, 2011
FULL TEXT OF SLAPSUIT JUDGEMENT
Here is a link to the full decision made April 6/2011 by the judge at the Ontario Supreme Court of Justice regarding the slapsuit (Zanini v. Wadon) against the last objector to Zanini's application for absolute title to the G zoned land on this site.
Saturday, April 16, 2011
JUDGE DECIDES IN ZANINI'S MILLION DOLLAR SLAPSUIT
Nine community residents formally objected to Mr. Zanini's application for absolute title to waterfront land shown on City of Toronto zoning maps as G - open space, parkland so that he could build townhouses right down to the water.
The community had been told by the City that the zoning designation was "a slip of the pen" and that they "could not find any paperwork to support the zoning". True, zoning does not necessarily mean that the City owns the land but there had to be a reason for this designation, one that actually covers almost all of the South Etobicoke shoreline.
It has always been the contention of the community that the G designation was applied because of illegal lake fill done by landowners to increase the size of their property and because of lake fill done by the municipality to protect the shoreline after Hurricane Hazel and later storms - to be set aside for future waterfront parkland.
So nine objections were filed to get to the bottom of this and to have questions about a possible land grab of public land answered in a public hearing at the Land Titles Office, the City's position being totally inadequate. (Follow this link to see details in one of the objections.
Zanini immediately filed a million dollar slapsuit against all nine. Eight, under threat and duress, withdrew. One held his ground.
Zanini's suit asked the Ontario Supreme Court of Justice to
On April 6th 2011, the judge made her decision.
(There will be provided on this blog a link to the full eight-page judgement as soon as it it is made public.)
So, where does that leave us? The application for absolute title will now go to the Land Titles Office unopposed , without any objections.
The community sincerely hopes that the Director of Land Titles will
- before the Director considers just signing it off!!
The community had been told by the City that the zoning designation was "a slip of the pen" and that they "could not find any paperwork to support the zoning". True, zoning does not necessarily mean that the City owns the land but there had to be a reason for this designation, one that actually covers almost all of the South Etobicoke shoreline.
It has always been the contention of the community that the G designation was applied because of illegal lake fill done by landowners to increase the size of their property and because of lake fill done by the municipality to protect the shoreline after Hurricane Hazel and later storms - to be set aside for future waterfront parkland.
So nine objections were filed to get to the bottom of this and to have questions about a possible land grab of public land answered in a public hearing at the Land Titles Office, the City's position being totally inadequate. (Follow this link to see details in one of the objections.
Zanini immediately filed a million dollar slapsuit against all nine. Eight, under threat and duress, withdrew. One held his ground.
Zanini's suit asked the Ontario Supreme Court of Justice to
- invalidate the objection
- and grant Mr. Zanini title to the G zoned land!
On April 6th 2011, the judge made her decision.
- She decided that the resident's objection was invalid and would be expunged
- She dismissed Mr. Zanni’s motion for a determination and declaration that he is the registered owner with absolute title
(There will be provided on this blog a link to the full eight-page judgement as soon as it it is made public.)
So, where does that leave us? The application for absolute title will now go to the Land Titles Office unopposed , without any objections.
The community sincerely hopes that the Director of Land Titles will
- do due diligence
- hold a public hearing
- examine all the issues around this precedent-setting application
- give weight to the letters that residents have sent him
- demand that the City of Toronto fully explain the G zoning
- ask the Province to give details of its examination of Crown rights in this matter
- make Zanini prove his claims for legal title and provide evidence of accretion
- make a decision based on Provincial and Municipal policies regarding public access to the waterfront
- before the Director considers just signing it off!!
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