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Airpark appeals site alteration decision to the Ontario Court of Appeal

airpark bermCity of Burlington Media Release

Burlington, Ont.—July 29, 2016—The City of Burlington will discuss next steps after learning that the Burlington Airpark Inc. has appealed the decision of Mr. Justice M.R. Gibson dated June 30, 2016 to the Ontario Court of Appeal.

The appeal (attached TORONTO-#771770-v1-Notice_of_Appeal_and_Appellant_s_Certificate), states:

“THE APPELLANT ASKS that the judgment be set aside and judgment be granted declaring City of Burlington By-Law 64-2014 to be ultra vires, or inapplicable to the operations of the Appellant, Burlington Airpark Inc., and in particular to the placement of soils in and about aircraft runways and aircraft taxiways at the Burlington Airpark (the “Airpark”) prior to April 27, 2013.”

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.

On June 30, the Ontario Superior Court of Justice ruled 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 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.

The court has also ordered the Airpark to pay the city’s court costs.

“The city will be looking at its options, and will update the community as soon as more information is available, “ said Nancy Shea-Nicol, the city’s solicitor and director of Legal Services.

No date has yet been set for the appeal. For more information, visit www.burlington.ca/airpark.

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Communications contact:

Donna Kell, APR

Manager of Communications

Office: 905-335-7600, ext. 7841
Cell: 905-630-6263

email: donna.kell @burlington.ca

Media contact:

Nancy Shea-Nicol

City Solicitor and Director of Legal Services

Cell: 905-407-9355

email: nancy.shea-nicol@burlington.ca

 

 

 

 

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