Ouch! Court orders Air Park to pay city $118,327.53 in legal costs

By Staff

November 8th, 2016

BURLINGTON, ON

We now know what the City Solicitor told members of city council when they went into closed session yesterday afternoon.

The Ontario Superior Court of Justice has ordered Burlington Airpark Inc. to pay City of Burlington court costs in the amount of $118,327.53.

The Air Park corporation dumped tons of land fill on their property to level out the land and in the process earned thousands of dollars in fees collected for permitting the land fill on the property without an approved site plan, The black line indicates the boundary of the Air Park property.

The cost award is related to the June 30, 2016 decision of the Ontario Superior Court of Justice in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with the city’s bylaw.

With the court ruling, the Airpark was required to file an application for a site alteration permit for the fill deposited between 2008 and 2013 before Aug. 31, 2016 and has now been ordered to pay the city’s court costs on a substantial indemnity basis.

Heavy construction equipment parked on a 30 foot + hill 50 yards from the kitchen window of the Sheldon property on Appleby Line next door to the Air Park landfill operation. Many thought the overnight parking of the equipment overnight was intimidating

An appeal by Burlington Airpark Inc. to the June 30, 2016 judgement in favour of the City of Burlington is scheduled to be heard by the Ontario Court of Appeal on March 28, 2017 at Osgoode Hall, 130 Queen St. West in Toronto.

The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.

This is getting to be a very expensive experience for the Air Park and almost a profit center for the city. This is not the first time a Court has ordered the Air Park to pay the city very substantial costs.