It could be a long, hot, dusty summer for Barbara Sheldon and residents in the vicinity of the Burlington Executive Airpark
Any decision on whether or not airpark owner Vince Rossi must cease dumping earth on his land and comply with the City of Burlington’s site alteration bylaw won’t be made until at least the end of the year.
On May 21 Burlington Airpark Inc. filed a motion to remove paragraphs from a City of Burlington affidavit supporting the city’s application. The Airpark. 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, to Nov. 10, before a judge of the Ontario Superior Court of Justice.
Earlier this year the airpark was given 30 days, from March 20, to comply with the site alteration bylaw after several loads of earth were dumped on the property and berms constructed. Barbara Sheldon, who owns an historic home that dates back to 1850 and borders the airpark on three sides, claims the Region of Halton has detected West Nile virus larvae in standing water on her property for three years in a row. The water, she says, is coming from airpark land.
“I’m absolutely devastated by this ruling,” Sheldon said. “It means I could be living for another two years with these contaminants. Even if the City wins, Mr. Rossi will likely appeal.
However Rossi says no agency has ever found any contamination and has posted the results of tests taken by the Ministry of the Environment on the airpark website.
“We want to get an end to this thing,” he said. “We want to settle with the City and live in peace with everybody.”
Meanwhile Pepper Parr, Vanessa Warren and Monte Dennis, who are being sued for libel by Rossi, are facing examinations for discovery in June.
In his online newspaper The Burlington Gazette, Parr raised the question of how the trio could find a constitutional remedy for getting those hearings postponed?