Airpark compliance with city’s site alteration bylaw to court in November, with a constitutional challenge

Update on the City of Burlington’s application to legally enforce the site alteration bylaw against Burlington Airpark Inc.

Burlington, Ont. – May 25, 2015— The City of Burlington provided an update today on legal proceedings related to the city’s application to the Ontario Superior Court of Justice to compel Burlington Airpark Inc. to submit an application for a site alteration permit to comply with site alteration bylaw 64-2014.

On May 21, 2015, the Ontario Court of Justice heard a motion from Burlington Airpark Inc. to remove paragraphs from a City of Burlington affidavit supporting the city’s application. Burlington Airpark Inc. argued these paragraphs contain an improper reference to “without prejudice” discussions between the city and the Airpark.

The Ontario Court of Justice granted the motion to remove the paragraphs from the affidavit and awarded Burlington Airpark Inc. $3,500 in costs to be paid by the city.

The court date to hear the city’s application regarding Burlington Airpark Inc. was rescheduled from May 28, 2015, to Nov. 10, 2015, before a judge of the Ontario Superior Court of Justice. The November date is the earliest date the Court has sufficient time to hear the city’s application and a Notice of Constitutional Question filed by Burlington Airpark Inc. The notice challenges the constitutional validity of the city’s site alteration bylaw 64-2014.

Background

The Burlington Executive Airpark was given 30 days, from March 20, 2015, to comply with the city’s site alteration bylaw 64-2014 after months of discussion between officials at the city and the Airpark failed to produce the required application.

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 undertaking this type of work are first required to submit an application to the city for a site alteration permit.

The Burlington Airpark Inc. has not submitted an application for a site alteration permit for the entire area of the Airpark property where substantial quantities of fill were deposited between 2008 to 2014.

For more information about the city and the Burlington Executive Airpark, visit www.burlington.ca/airpark.

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