By Pepper Parr
June 30th, 2016
BURLINGTON, ON
It certainly took long enough but Justice Gilmour delivered his much awaited decision on the court case that had the city asking a judge to order the Air Park to file a site plan and also to compel the Air Park to remove the fill that was dumped on the property without a site plan being filed.
The case was well argued on the city’s behalf by Ian Blue, legal counsel who was brought in to handle the original court case and the appeal of that case.
Property boundary of the Air Park
This first case established that municipalities had the right to require air parks to comply with municipal bylaws. Up until the Burlington case there as some doubt as to just how deeply that complying had to be.
The appeal made it clear that a municipality had the right to require an air park to file a site plan.
Vince Rossi, president of Burlington Executive Airpark Inc., at a meeting with members of the Rural Burlington Greenbelt Coalition that took place in a barn a couple of hundred yards from the end of his largest runway.
That didn’t seem to make any difference to Vince Rossi and his corporation. They played around at filing documents but there was never a properly completed site plan filed – so the city sued.
The decision that was delivered late this afternoon appears to order the Air Park to file a site plan and perhaps remove some of the fill.
While the city has the decision they have chosen no to release a copy until Monday at which time it will be stored on a web site where anyone can read the document.
Ward 2 Councillor Marianne Meed Ward sent a note to her followers and included a piece in her Newsletter which was published this evening.
In the Newsletter Meed Ward said:
“The courts have ruled in the city’s favour and is requiring the Burlington Airpark to submit a site alteration permit for land fill activities on the site.
The city was notified late Thursday afternoon, June 30. The court decision will be publicly posted the week of July 4 here: https://www.canlii.org/en/
The news came in just as this newsletter was being prepared. More information about the ruling and its implications will be available in the next edition.
Ward 2 Councillor Marianne Meed Ward works the phone the way few Councillors do.
My Take: I’m delighted at this outcome and want to thank area residents and everyone who supported them for their valuable eyes on the street, and patience and perseverance through this. I’d also like to thank staff and council for their support, particularly Councillor John Taylor who has been a strong advocate for action in this matter. The ruling affirms that municipal bylaws apply where they do not encroach into areas of federal jurisdiction. This is a significant decision not just for Burlington but all municipalities where airparks may be engaged in landfill activities. I’ll have more to say on this matter in the next issue, including excerpts from the ruling when available.”
It was an article in the Gazette in 2013 that brought the dumping of landfill to the attention of city hall. North Burlington residents have followed the several court cases very careful and commented frequently in the Gazette.
Two North Burlington residents were sued for libel by the Air Park along with the publisher of the Gazette. That case has yet to make it to a court room.
Meed Ward thanks Ward 3 Councillor for his efforts – we don’t recall Taylor doing all that much – the Air Park isn’t in his ward. We do recall that Ward 6 Councillor Blair Lancaster did precious little other than argue with residents over picayune matters.
Many in ward 6 felt Lancaster was just a little too close to Vince Rossi. During the first trial Councillor Lancaster sat immediately behind Mr. Rossi in the court room.
Rossi appealed the first court case – lost the appeal. During an Examination for Discovery that was related to the libel case counsel for Rossi and Rossi himself complained about the cost of all the hearings which suggested to some that Rossi might be getting close to being tapped out financially.
He has a short period of time to appeal this Superior Court decision.
What else can one say other than “Hurrah”.
As for an appeal, Rossi would be foolish to do so. It would just to his costs. And as far as our Ward 6 rep, she has always been too cozy with Rossi. We don’t really exist for her up here.