Monday, June 14, 2010

ONTARIO MUNICIPAL BOARD ADJOURNS HEARING FOR THE SECOND TIME OVER THE QUESTION OF OWNERSHIP


At noon today, Mr. Aker, the Ontario Municipal Board Adjudicator adjourned the hearing for the second time over the question of title.  At this time, there is no clear fact of ownership of the property by Dunpar because the deadline for objections to the granting of title has not yet been reached.  Any interested party has until July 5th, 2010 to file an objection.  This was clearly stated in the notice placed in the Etobicoke Guardian last week.  In fact, that notice could be viewed as a public admission from the developer’s lawyer that they were going in to the OMB hearing yet again without being able to clearly show the OMB that they actually own the property. 
  
The Adjudicator made it clear to all the parties that he had no choice but to adjourn the hearing of the appeal “sine die” until clear title has been established and the title process completed (“sine die” means that no particular day has been set for it to start again).  This in all likelihood won't be until the Fall of this year.  Given that Mr. Aker will be leaving the Board in August, this means that the hearing will have to start from the beginning before a new OMB member.  It is imperative that all interested residents once again attend on that new hearing date.

There was one other matter that influenced his decision.  Dunpar has asked the Crown (the Ministry of Natural Resources) for permission to build a seawall on the Crown’s property at the shoreline but the MNR has refused to even consider this until the OMB has made a decision on the building application.  Dunpar wants to build this seawall against the City’s and the Toronto Region Conservation Authority’s objections in order to try and get around regulations that say there must be an open, unbuilt “hazards buffer” zone of 32 meters from the shore to protect structures from one-in-a-hundred-years storm events.

After the OMB hearing was adjourned, a dozen residents went to the Mayor's office at City Hall and spoke at length with a Constituency Liaison staffer from his office.  The residents outlined the community's concerns, were given a full hearing and were promised an immediate, investigative follow up by the Mayor's office.

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