steveintoronto
Superstar
Thanks for the heads-up on this, DVR.Well this shall be interesting. I think we still have an open debate at the Rail Deck Park thread about whether or not you can stratify and then buy/sell air rights here. I have yet to go through a number of potentially relevant SCC cases posted by @steveintoronto and add my thoughts. That issue alone would potentially be a matter to go to the courts in this case. But if we are to assume that they do have those rights and they can submit the OPA, this still gets very juicy.
But I'll propose hypothetical stuff, including rights, potential court cases and lawsuits goes in the Rail Deck Park thread, and we save this one for the specifics of the proposed development. Thoughts?
"OMB"? LOL! You be kidding me man! Try Ontario Superior Court. The SCC have already ruled on this a number of times. The OMB is a mere clearing house for planning disputes.Craft chief executive officer Peter Griffis said he plans to have a development application “formalized and ready to go” for the site by the end of November, despite the city’s intention to rezone the entire area for a park. He warned the battle would end up at the Ontario Municipal Board.
I just hope City Hall have retained the best legal minds on this, and QP and the Federal Transport Ministry. I'm unfamiliar with the latest on this, have to read back here to get a better grasp.
I had to leave the Rail Deck Park forum to lay fallow for a while, I'm still boggled as to what's on the books. It still appears, in the absence of any Court rulings or legislation to over-rule/ride the legal precedent set, that as it stands (literally) there's some ownership disputes already headed to court. The only buffer to the City's clear claim on the land, let alone the air-rights, is being legally subsidiary to the Province, and the Feds having to include the Province as proxy for the City. The legal rulings were all for the "City of Toronto".
Frankly I think City Hall is manic on the park, but not so on ownership of the land and air. (the latter the Feds might have a claim to in some respects)
Very interesting indeed...