Air Park legal team sues the city; so we all trot off to a court room. City’s pier court case being held in the same Court House.

By Pepper Parr

BURLINGTON, ON.  July 18, 2019.  Are we seeing a whole new level of transparency on the part of the city?  Are we also seeing a significantly and very welcome difference in the way city hall responds to problems its citizens run into?

The city posted a copy of the Writ served on them by the lawyers for the Air Park; not the kind of thing they have done in the past – they certainly didn’t handle the pier problems this way.

When the ship is about to sink you throw everything overboard. Air Park owner Vince Rossi puts all its chips on the table and waits to see how the dice play out.

With city hall now on a summer schedule and more people away than those at their desks it is difficult for those putting in the hours to stay on top of everything.

The city was preparing for a meeting with the lawyers representing the Air Park people while the Air Park legal team was focused on the wording of a Writ they served on the city earlier today.

The Air Park is seeking a number of court orders including:

A declaration of its rights under the Constitution Act, 1867 and the federal Aeronautics Act;

This is what the fight is really all about; does the Aeronautics Act trump a local bylaw?

A declaration that the City of Burlington’s Top Soil Preservation and Site Alteration By-law does not apply to the airport’s operations and construction of aerodrome facilities at the location;

For the sake of all of us – that had better turn out to be the case or municipalities across the country have real problems to deal with.

A declaration that the city’s order to comply is null and void and of no legal effect;

                  They wish is the only comment one can make on that one

An injunction to prevent the city from interfering with its operations and the construction of aerodrome facilities at the site; and

The city isn’t interfering; it is doing what is it required to do.  The only fault on the part of the city and the Region is that they didn’t tackle this one years ago.

Costs against the city, including HST.

               The upside of this one is that the city doesn’t pay the same level of HST as the rest of the world.

The one consistent thing about the Air Park’s behaviour throughout this real mess is their tendency to bully and intimidate. The piece of equipment was parked overnight less than 50 yards from the home of an Appleby Line resident. It sat on top of a 35 foot + pole of landfill that should have never been put on the land in the first place.

That is a very ‘ballsy’ move on the part of the Air Park.  With the Environment Ministry buzzing around and the federal ministry of transport suggesting that the airport people do have a responsibility to adhere to some of the city’s rules and regulations and the Region in a position to have their Medical Officer ask some embarrassing questions and demand that the property owners do what has to be done to protect public health  – the smartest move for the Air Park was to get out-of-town and into a court room where they can ask for delay upon delay.

The injunction they have asked for could backfire – the city might well ask for an injunction and should that request prevail the Air Park would find themselves under an injunction and involved in a court case that will last years – if it gets to the point where there is actually a trial date.  If there is a trial there is going to be some very impressive legal counsel arguing before a judge in a Court room in Milton..

While all this happens the people in north Burlington, especially those whose property has been directly impacted, and wondering if they are going to get sucked into this legal black hole.  And what if papers are served on them?  They don’t have the deep pockets the city has to fight this fight.

For a city that started out the week with what they felt was a strong consultants reports to find themselves with a Writ in their hands and a date with a judge – it can’t be looked upon as a win.

However, it is far from a loss.  Desperate people do desperate things

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7 comments to Air Park legal team sues the city; so we all trot off to a court room. City’s pier court case being held in the same Court House.

  • Just wondering ...

    Who actually uses this ‘Air Park’? Anyone seen a flight manifest?
    What is Rossi’s relationship to King Paving?

    Seems there are a few very deep pockets supporting him … and this dumping site.
    Follow the money.

  • Stephanie Cooper-Smyth

    I understand the community has serious fears that Vince Rossi WILL get out of Burlington, and by that they mean flee the country.

  • Stephanie Cooper-Smyth

    OK, let me get this straight.

    Rossi writes a “conditional” plea to the City about a week earlier, saying he’s really sorry and that he really wants to play nice and work together with City (and use their staff at no expense to him. He wrote that ‘if you don’t take legal action against me, I’ll do all sorts of repairs to the neighboring properties’.

    So the City believes him and sets up another ‘talking date’.

    And what happened? Rossi duped the City just like he’s been doing to that poor community for 5 years.

    What Rossi is doing is beyond Mayor Goldring’s term ‘bizzare’ it’s downright criminal that he’s bought himself AT LEAST another 30 days of landfilling dumping at the community’s expense and risk. And Lord knows what else he’s going to do in the next month.

    I sure hope Mr. Ian Blue has a silver bullet in his legal armory.

  • Roger

    The Burlington Airpark and King Paving have broken the law, their own soil data shows that contaminated fill was dumped onto the Airpark. The City of Burlington and the Ontario Ministry of the Environment must stop this illegal activity, determine the extent of the contamination, assess the risks, and start the clean up. The Burlington Airpark are suing the City…what nerve!

  • Roger

    The Burlington Airpark and King Paving provided the soil samples and soil data to the City of Burlington, who hired an expert company to assess the data. Most of the data was inadequate, undersampled, incomplete, and most seriously FAILED.
    The Burlington Airpark is breaking the law…The Airpark landfill contains chemical wastes.
    The Ontario Ministry of the Environment must perform a thorough sampling and testing of the Airpark landfilled areas to determine how exensive the contamination is, and what risks are present.
    The Burlington Airpark and King Paving break the laws, then they have the nerve to sue the City of Burlington for trying to stop this criminal activity which threatens our health and the environment.
    How dare they! This Airpark has lost its right to operate in our rural community.

  • Stephanie Cooper-Smyth

    So let me get this straight.

    Only a week earlier, Minutes from a private, previously undisclosed meeting with his friend Councillor Lancaster, were given to City Council – and in these Minutes he indicated he really, really, really, wanted to work with the City and make amends, provided the City worked with him and didn’t take legal action.

    And then….Mr. Rossi “pretended” he was going to have a meeting with the City today to work on said amends, but in fact he never intended to because HIS lawyer was preparing to take the City to Court?

    So, Mr. Rossi dupes City Hall. Again.

  • daniel

    Vince Rossi is an absolute disgrace. Give him a cease and desist. Get out of Burlington. He looks for every loophole he can possibly find. And how are his taxes? CRA should be looking into that…