Tiny appeals decision giving company title to beach strip

By DOUGLAS GLYNN Midland Free Press April 12 2012
PERKINSFIELD -Tiny Township is appealing a court decision giving 1737118 Ontario Inc. title to a strip of Woodland Beach shoreline.
In a decision handed down in December 2011, Madam Justice Anne Mullins declared that Darick Battaglia’s numbered company had acquired title to a 20-foot strip of shoreline to the water’s edge. No date has been set for the appeal to be heard.
The beach strip starts at the southern edge a municipal road allowance at Woodland Beach and stretches south to the next road allowance, passing in front of waterfront lots 2 to 29.
Mayor Ray Millar said it is “not appropriate for the township to discuss the issues involved because they will be argued before the court.
“I believe the township has a responsibility to pursue this matter to a point where we have as much certainty as possible concerning the ownership of the subject property,” he added.
In response to queries from Woodland Beach property owners the township has posted on its website a number of documents concerning the case, including the 2011 court decision.
The latest document -a letter posted April 2 -says, in part, that “the township is aware that certain work has been undertaken by Mr. Battaglia on the north part of Woodland Beach.
“The Township has been contacted by a number of residents with questions or concerns relating to that work and to the litigation between the Township, Mr. Battaglia and his numbered company.”
The letter explains that the township “is currently the registered owner of a number of the lots and blocks on Plan 656 (including Lot 52, part of Lot 22, Block A and the portions of Block B in front of Lot 22 and Block A).
“Mr. Battaglia’s numbered company is currently the registered owner of the remainder of Block B.
“In 2008, an issue arose as to the proper boundaries of Block B and the part of Woodland Beach in front of Plan 656 (the “Beach”) and the proper ownership of the south half (approximately) of the Beach.
“In 2010, after being unable to resolve those boundary and ownership issues amicably, the Township commenced a court application against Mr. Battaglia and his numbered company to obtain the court’s guidance regarding the boundaries and ownership of Block B and the Beach.
“Broadly speaking,” the letter continues, “the main issues in dispute in the application were whether Block B included the Beach and who is the proper owner of the south half (approximately) of the Beach.
The Township’s application was argued before the superior court in April and July of 2011. The court’s decision was released December 23.
“The Court held that Block B includes the Beach and that Mr. Battaglia’s numbered company is the owner of most of Block B. Other portions of Block B (in front of Lot 22 and Block A on Plan 656) are owned by the Township.
“The Township is aware that most owners of lots on Plan 656 have registered rights of way for all necessary purposes’ over Block B. The Township has received a number of inquiries from owners regarding the impact of the litigation and the current work being undertaken by Mr. Battaglia on their rights of way.
“The litigation does not address and will not affect those rights of way, except to the extent that it deals with the boundaries of Block B (to which all the rights of way apply).
“Any lot owner seeking guidance on their private property rights (including any right of way over Block B) should contact his or her lawyer for advice about their rights and any remedies that may be available to them in the event of an interference with their rights,” the letter says.
“With respect to the works currently being undertaken by Mr. Battaglia, any shoreline works in the township are subject to the restrictions imposed by the township’s zoning bylaw,” the letter adds.
“In addition, the use, severance or subdivision of shoreline lands is subject to various restrictions under township bylaws and other provincial legislation applied and enforced by the township and its committee of adjustment.
“The township also controls vehicular access to private prop-e rty from Township road allowances and beaches (such as Lawson Road and the public beach at the end of that road allowance). The township has prohibited any such access by vehicles or equipment at that location and will continue to do so, consistent with the township’s usual policy.
“In that regard, the township’s practice is to notify the township’s By-law Department and the OPP of any potential trespass issues.”
Finally, the letter notes that work on the beach is also “subject to any applicable requirements of Fisheries and Oceans Canada (DFO). DFO is aware of the works undertaken by Mr. Battaglia. Residents wishing information,” it adds, “should contact the DFO.”