The URL can be used to link to this page

Home My WebLink AboutWD-36-90 1¢ " ~ TOWN OF NEWCASTLE p� REPORT File # j � �� Res. # ti i By-Law MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MAY 7, 1990 REPORT #: WD-36-90 FILE #: a&JECT: KNAPP'S APPLICATION TO THE TOWN OF NEWCASTLE FOR THE TOWN TO APPLY UNDER SECTION 82 OF THE REGISTRY ACT TO CANCEL CUBITT'S PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i 1. THAT Report WD-36-90 be received; and i i 2 . THAT Mr. Thurston be advised that his request on behalf of Ernest and Martha Knapp to make application under Section 82 of the Registry Act to cancel Cubitt's Plan and have the roads and streets shown thereon declared closed is denied. i REPORT 1.0 ATTACHMENT No. l: Correspondence dated May 2, 1990 from Dennis Hefferon. 2.0 BACKGROUND I 2 . 1 The background and the reasons for this report and the recommendations are explained in Mr. Hefferon's letter. . . .2 REPORT NO. : WD-36-90 PAGE 2 3.0 RECOMMENDATION 3. 1 Based on the information provided in Mr. Hefferon's letter, it is recommended that Mr. Thurston be advised that his request on behalf of Ernest and Martha Knapp to make application under Section 82 of the Registry Act to cancel Cubitt's Plan and to have the roads and streets shown thereon declared closed is denied. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , LawrenYci otseff, D irector of Public Works Chief trative Officer WAE*llv May 3, 1990 Attachment cc: Mr. Michael E. Thurston c/o H.B. Campbell & Associates Barristers & Solicitors Suite 1700 155 University Avenue Toronto, Ontario M5H 3B7 101 Telecopier 7020 ; 5- 2-90 ;12:36PM 14163650973-4 416 623 5717;4 2 SHIBLEY, RiaHTON & MCCUTCHEON BAMtMtIES'tLMeis � r�CLlatTaReS RICHARD ,CL IBLEY,O.C. RUPERT F.RIQrICR0N .C. JOHN D BOGART p GON,Q.C, TELEPHONE (410)383•G3S1 HAROLD juos O, O,C DONNIS C.HEFFERON C CHRISTOPHER STOYAN T;LEGOPItR (416)306.1717 JOHN M.J .ANKA,CS.C. DONALD ,WOMT MAN.Ol•C LESLIE S,MASON RICHARD [ ANKA,O,C. MARRY S,WORTSMAN,Q, JOHN R SELL MICHAEL OORDON DEZ WINDISCHMANN PETER H.SMIYN MICHAEL R9TLPATRICKI Q.C. GEORGE CORN BRIAN M.CAMPBELL V,R068 MORRISON P.JOHN RITCMER O[OROE A.ROSERTSON ALAN L,AROMSTGIN MICHAEL C,NIfaLEY PETER C.WILLIAMS RICHARD A.15.DEVENNEY MICHAEL MARn PATERSON J.PAUL WEARING PAUL E,McINNIS PETER G,NEILAON CLIrFORD 1,COLE JONATHAN H.FLANDERg 1z OX 32-401 BAY STREET CHARLES SIMCO THOMAS A.STEerANIK EAREARA R.C,DOHERYY R,MECRZDY-WILLIAMS WILLIAM IR L,NOR HCOT PETER M WHAILEN TO�LO��$ CANADA , CAROL V.BTREET pr-rER V.BATTIK J.-JAY RU DOhPH MARTIN J HENDUibN BRIAN W,OHU CYNTHIA J. .MAC OR T.KAIN NICHOLAS T.R B.L WARREN E.RAPOPORY RICHARD a.COLES CHRISTOPHER s.LOeb MERLE M.ORAN AN 15UITE. 1900 MARTIN PETERS ALEXANDER R TOROOV A,P- M. A. AN CHARLES M.GASTLE PHILIP P.HRALSY R,PETER A.MAODONALD b0NALb A.MaNEILL SHEILA M.4UIGLEY ROBERT M.STEWART TIMOTHY J,MILL J.PAUL R,HOWARD WADE D.JAMIKSON THE SIMPISON TOWER THOMAS LEONARD D.ACIDNESS LINDA J.00DEL HERFORD JAN IA L IN RAMSY SANDRA E.DAW6 CHRISTINE M.SILVtRSiDES COUNSEL MARTIN L.(jSRIEN.O.C, OARRY P,LIPBON,O.C. CODA, May 2, 1990 Mr. Walter Evans Director of Public Works Town of Newcastle 40 Temperance Street Bowmanville, Ontario Lt.O 3A6 Dear Mr. Evans, 1 Res Knapp's Application to the Town of Newcastle for the 'Town to Apply Under Section 82 of the RegiRtly Ant to ('Anc+p1 (`nhittPS Plan By letter dated March 1, 1990 Mr. Michael Thurston the solicitor for Ernest and Martha Knapp wrote to you to request that the Town of Newcastle instruct its solicitors to II proceed as quickly as possible with an application pursuant to Section 82 of the Registry Act to cancel Cubitt's Plan and to have the roads and streets shown thereon declared closed". Mr. Thurston stated that his clients owned certain lands comprising Part Lot 7 Broken Front Concession Former Township of Darlington which were included in Cubitt's Plan, You instructed me to examine this matter and to report to the Town. By letter dated April 6, 1990 which was sent by me to Mr, Thurston and copied to you, I advised Mr, Thurston that I would be recommending that the Town refuse his request as set out in his letter of March 1, 1990, I have examined the title to the property in question and have concluded that title to the allowances shown on Cubitt's Plan is vested in the Town of Newcastle. If the Town was to accede to Mr. Thurston's request and subsequently was successful in obtaining a Court Order cancelling Cubitt's Plan pursuant to Section 82 of the Registry Act, the effect of such Order would be to vest title in the allowances in question in Ernest and Martha Knapp without any consideration therefore being paid to the Town. This, of course, would D 19 AT1•ACl;IEF "10,1 x Telecopier 7020 ; 5— 2-90 ; 12:37PM ; 14163650973-3 416 623 5717 ;# 3 ,HIELEY. RIORTON Lie MCCUrclzTQN - 2 - be contrary to Council's Policy for Road Closure and Conveyance which is contained in Report #WD-3-94. Accordingly, I advise that you recommend to Council that it refuse Mr. Thurston's request on behalf of Ernest and Martha Knapp that the Town's application under Section 82 of the Registry Act to cancel Cubitt's Plan and to have the roads and streets shown thereon declared closed. Mr. Thurston should be advised of Council's Policy for Road Closure and Conveyance and invited to make application on behalf of his clients pursuant to that Policy. Yours truly, SHIBL ,RIGHTON&M CUTCHEON Dennis Hefferon DH/lh cc: Mr. L. Kotseff Cr 2 0