On December 9th, 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 12th 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.
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