It is advisable to consult these reference plans to ensure you have a complete picture of what you are bidding on. Bond Academy is located in Toronto Division of Ontario province. See a sample report here. The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. Here is what lots looks like on a Reference Plan: Selling a House: You cannot be sure that a Reference Plan that includes your property will have enough information to fully describe the property you are selling. Excavation was due to start immediately following the weekend. Apart from the\r\nremoval of the fence, the trespasses of which Ms. Cantera complains all arose in the course of the construction of their neighbor s house in the course of 2004. I mention this because, while I conclude that Mr. Sdao misconstrued the motives behind the location of the portable toilet, and that Ms. Cantera misconstrued the intentions\r\nof the defendants, their reactions illustrate the poisoning effect that the removal of the fence on April 10, 2004 had on the relationship between these neighbors. The placement of the portable toilet on the Eller/Wright construction site is a good example. Created to add to the supply of affordable housing, it has been built to exacting standards and offers 152 apartments for low-income families as well as renters with special needs. Status: Approved. Contact your local building department to see what their requirement is. Facilities include: hi-speed wireless internet, a gymnasium, cafeteria, library, … Total of 300,000 sq. He thought this was just an excuse to discuss the fence. When purchasing an Easement, Seller, or Buyer Report, enter this code during checkout to receive 10% off the purchase price. v. Aubin et al. He denied advising Mr. Wright to rip down the fence.\r\n[16] Mr. Wright did not, however, obtain legal advice on this point, which I find highly surprising for an experienced businessperson in the residential construction industry. Mr. Sdao thought this strange as the family was not going to be moving very far away. In addition to dealing with the concerns relating to the\r\ncommittee of adjustments and the closing, he was lining up trades and making all the other plans necessary to break ground in early April. Yes. • Reference plans available: 1, • Easement report: Available Munster Avenue That letter acknowledged the challenges facing their new neighbors but noted that they had been first\r\nalerted to the problem on January 19, 2004, and that in removing the fence as they had, despite my advice to you and without any legal authority to support your position , they had\r\nturned the matter into an adversarial one. At Bond Academy, we pride ourselves in promoting the academic, social, physical, and character development of our students and the facilitation of interactive communication between our parents and staff. View detailed information and reviews for 1500 Birchmount Rd in Scarborough, and get driving directions with road conditions and live traffic updates along the way. He\r\nstated that [a]part from the hectic family schedule and building a house, we sold our house and packed up and moved to temporary accommodation on April 30, 2004 . An SRPR/BLS will likely be a better option. The image below shows the footprint of this Registered/Subdivision Plan. This preview image has been intentionally blurred to protect the rights of the image owner. See the Walk Score of 1500 Birchmount Road, Toronto ON. On Tuesday, the Ontario\r\nCourt of Appeal upheld a May ruling that neighbours on both sides of the property line own the\r\ntree jointly.\r\nBy:Jane GersterStaff Reporter, Published on Tue Dec 10 2013\r\nA massive, decades-old Toronto maple tree that has soured\r\nneighbour relations and cost thousands in court fees has\r\nbeen given a new lease on life — with wider implications for\r\nproperty owners across the province.\r\nOn Tuesday the Ontario Court of Appeal upheld a May\r\nruling that declared Katherine Hartley and her neighbours\r\nco-owners of the Norway maple on Humewood Dr.\r\nThe ruling gives both Hartley and her neighbours Hilary\r\nCunningham and Stephen Scharper (Scharper is a monthly\r\nfreelance columnist for the Star) an equal say in its fate, and\r\nmeans any attempts to remove the tree without mutual\r\nconsent can result in a fine of up to $20,000 or a prison\r\nterm of up to three months or both.\r\nIt ends a more than year-long attempt by Hartley to remove the tree, which she\r\nargues is entirely on her property, unhealthy and a safety risk.\r\nBut Cunningham and Scharper say the tree is safe, healthy and irreplaceable.\r\nThe Ontario Forestry Act stipulates that any tree “whose trunk is growing on the\r\nboundary between adjoining lands is the common property of the owners of the\r\nadjoining land,” but doesn’t’ specify what constitutes a “trunk.”\r\nWhile the two disagree on where and how much of the trunk of the Humewood tree\r\ncrosses the line, the ruling clarifies that if any part of a trunk — from the roots to the\r\nbranches — crosses a property line, it’s a boundary tree.\r\n“For trees and for people of Ontario, we’re all breathing easier after this decision,” said\r\nScharper, who called the decision “fantastic.”\r\n“It now means that no one can arbitrarily cut down a mature tree that is doing\r\nremarkable environmental work if it’s a co-owned tree.”\r\nHowever, Hartley’s lawyer, John Howlett, argued the ruling actually makes it harder to\r\ntake care of trees, saying it means “nobody can do anything to a tree, even the most\r\nbasic maintenance, without the consent of the other.”\r\nBut the three-justice appeal panel disagreed and ordered Hartley to pay $10,000 for the\r\nappeal costs, separate from the roughly $7,000 the Scharpers’ crowd-funded for the\r\nappeal.\r\nAlthough Hartley could appeal again, Howlett said, “this is probably the end of the\r\nroad.”\r\nIn court, the duo smiled and held each others’ hands as the decision was\r\nhanded down; Hartley sat surrounded by two friends and left soon after,\r\nrefusing to comment.\r\nThe decision is a watershed moment for trees. Easement Instruments (official documents from Province of Ontario). I found that the witnesses who gave evidence were, for the most part, truthful and reliable in their recollections, and, unless I say\r\notherwise, I have accepted their evidence as given. Although title\r\nto the house is held in Ms. Cantera s name, there is no dispute that it was primarily Mr. Sdao, a real estate lawyer, who dealt with the issues relating to the dispute.\r\n[8] In addition to the old post and wire fence running north/south between the properties, which everyone agrees was decrepit, there was a wooden fence running east/west\r\nroughly perpendicular to the old fence between the western end of the house at 96 Johnson and shortly before it would have met the old fence to the west. Lachmansingh and H. Keith Juriansz, for the appellants\r\nAlistair Riswick, for the respondent\r\nHeard: December 16, 2008\r\nOn appeal from the judgment of Justice Alison Harvison Young of the Superior Court of Justice, dated May 15, 2007.\r\nAPPEAL BOOK ENDORSEMENT\r\n[1] We agree with the reasons of the trial judge. This type of plan will not help you or the buyer with information regarding encroachments to the property line. I will discuss the specific allegations in detail below, but it is fair to say that they were minor and would almost certainly never\r\nhave resulted in legal action (or possibly even complaints) but for this context.\r\n[31] It was very clear from the testimony of Mr. Sdao and Ms. Cantera that the incident with the removal of the fence was distressing and set a difficult tone for the rest of the\r\nconstruction process. On Friday, April 9, 2004, Mr.\r\nWright and Ms. Eller went over to speak to Mr. Sdao and Ms. Cantera about the fence. Mr. Kidd s evidence on this\r\nconversation was somewhat different. (1997), 35 O.R. Boundary Dispute: Boundary disputes happen when neighbours disagree on where the property line is. 1500 Birchmount Road 0.13 km Best Mobilez. Notice: The above information does not constitute a legal opinion. They seek punitive damages on the\r\nbasis that this was high-handed, outrageous conduct that warrants such an award.\r\n[24] If relations between these neighbors were already off to a poor start, this incident only made things worse.\r\n[25] Mr. Wright finally read the letter on April 18, 2004. Access all the critical docs you need for 1500 Birchmount Road, Scarborough from one central hub. All Rights Reserved. The construction fence ran from a parking sign near the curb at the front south end of the properties to the very back end at\r\nthe north.\r\n[21] Mr. Wright and his father also sawed off the western 22 inches of the board fence because, according to Mr. Wright, it was going to be in the way. It does not show buildings and structures (like fences and sheds etc.) 1500 Birchmount Rd, Toronto, ON M1P 2G5. Buying a House: If a property you are bidding on has one or more reference plans it may signify changes that were made to the original title and/or extent of that property. Saint Clair Avenue West This type of plan DOES NOT show buildings, structures, topography or any other physical features. Status: Approved. Registered Plans (sometimes called a Plan of Subdivision, Subdivision Plan or M-Plan) are used to subdivide or combine parcels of land. Type: Legal Survey (SRPR), Price: $500 Our certified Ontario Land Surveyors are available via phone, Skype or in person. Plan date: 1983 Include Land area certificate for an additional $25? On 2000/06/20 an application was received for a variance in zoning bylaw (Sever Lot). JavaScript seems to be disabled in your browser. 416-266-8878 Primary; 416-266-3898 Fax; Directions. SRPR’s are the most useful surveys to homeowners because they depict physical structures, the boundaries and measurements between buildings and boundary. Disputed Tree Belongs To Neighbours - Final.pdf. Discover the beauty hidden in the maps. Eglinton Avenue West Toronto, Ontario, Rear375 Launched in 2011, Birchmount Woods is a much-needed addition to this vital east side location. • Seller’s report: Available Great exposure on busy street. Reference: B041/00SC. Contains information licensed under the Open Government Licence – Toronto. (3d) 216 (1997), 152 D.L.R. Boundary Dispute: A Registered Plan/Plan of Subdivision is of limited use in boundary disputes because it only shows lot dimensions and location. Toronto, Ontario, Unit 1285525 Understandably, this was distressing for both Mr. Wright and Ms. Eller, and it resulted in the\r\nshutting down of the site pending an investigation.\r\n[26] Mr. Wright s testimony at trial also referred to the fact that April 2004 had marked the tenth anniversary of Ms. Eller s sister s death and that the family had been planning a\r\nmemorial, which was an added stress on the family.\r\n[27] Mr. Sdao wrote a letter in response, which is dated May 24, 2004. Maphill is the web's largest map gallery. 121 Howden Road 0.32 km AHM Designers Ltd . In\r\nany event, the plaintiff and Mr. Sdao put the defendants off on the basis that the children were sick and it was too close to Christmas.\r\n[10] When Mr. Wright received the 1994 survey he noticed that the old fence was located on their side of the lot line. Protect Your Boundaries holds a Certificate of Authorization from the Association of Ontario Land Surveyors. Toronto, Ontario. Mr. Wright\r\nmaintains he was willing to agree to do so in the event that it turned out that Mr. Sdao and Ms. Cantera were correct on the adverse possession point. In his evidence, Mr. Sdao stated that he and Ms. Cantera have not decided whether they will\r\nrebuild.\r\n[13] This conversation marked the real beginning of the dispute between the parties. Boundary Dispute: A Reference Plan may or may not be useful depending on the nature of your dispute. After hearing evidence for three days, she concluded that Cantera and the previous\r\nowner had acquired ownership of the strip by possessory title.\r\nShe ruled that they and the previous owners had met the tests of having possession of the land which was \"open, notorious (obvious), constant, continuous, peaceful and\r\nexclusive of the right of the true owner\" for a minimum period of 10 years. Begun in 1978, Bond Academy has grown to include a wealth of programs, including those beyond the prospectus of the academy. © Protect Your Boundaries. Please note that our license agreement dictates that these plans are non-refundable once purchased. By requesting more information you agree to Spacie's We've pulled together data from multiple official sources for you, and presented it in ways that are easy to understand and use, so you can make better, more informed decisions... faster. 49% of residential properties in Ontario have hidden boundary issues and 99% of fences in the GTA are NOT on the property line. For covered homes, the warranty program now protects purchasers against a defect in work or\r\nmaterials if it results in a failure of a structural load-bearing element, or adversely affects the use of the building for the usual and ordinary purposes of a residential dwelling.\r\nBreakdown of mechanical equipment like a furnace, where the builder has no control over its manufacture or ongoing functionality, will now rest solely with the manufacturer, either\r\nthrough the original warranty or ongoing service contracts.\r\nBob Aaron is a Toronto real estate lawyer. The company's filing status is listed as Inactive and its File Number is 1390406.The company's principal address is 1500 Birchmount Road, Scarborough, ON … If you are a Land Professional in Ontario Protect Your Boundaries PRO is the ultimate research tool designed to make your land and property project research blazing fast and efficient. Exterior Renovation/Construction: You usually cannot use an existing Registered Plan to apply for building permits. We offer competitive rates and guaranteed completion times. For most boundary disputes a better option is a Surveyors Real Property Report (SRPR) which shows boundaries as well as buildings, structures and physical features like fences, sheds and pools. Any settlement will be properly documented and will include a quit claim deed to the lands in\r\nquestion.\r\n[28] Mr. Wright and Ms. Eller replied briefly on June 13, 2004, stating that [w]e do not agree with a number of statements made in your letters or with Mr. Sdao s position\r\nregarding the lot line and would therefore not be providing the written confirmation requested. We don't seem to have any historical plans for this property. Not sure if this plan is right for you? Website. Suite 10040 • Buyer’s report: Available. Monogram Place A representative will be in contact with you within 48 hours. Click here to access the PRO version of this page. Canada » Ontario » Toronto » Wexford. Official Property Page See all available survey plans, easement/right-of-way information, and other information about this specific property. Here is what lots looks like on a Registered Plan: Selling a House: Provide a Registered Plan/Plan of Subdivision in your listing package to confirm the lot dimensions, location and lot number (which coincides with the property’s legal description). as being on point and containing a good discussion of the law of adverse possession. Annual Returns Filings. This is a Surveyor’s Real Property Report, or SRPR (sometimes called a plan of survey, survey plan or building location survey). The closing proceeded on February 27, 2004.\r\n[14] According to Mr. Wright s testimony, the period from January until April 2004 was extremely busy and stressful. Search. It is common ground that Mr. Wright offered to rebuild the fence at his expense, but he was not prepared to agree to put it back where the old fence had been.\r\nMr. Here are the properties that share a boundary with 1500 Birchmount Road: 1510 BIRCHMOUNT ROAD, TORONTO 2106 LAWRENCE AVENUE EAST, SCARBOROUGH 1500 Birchmount Rd, Scarborough. Arrange for a new, certified land survey for this property. Rainbow Bridge Memorials. 1500 Birchmount Rd, Scarborough, ON M1P 2G5, Canada O'Neil Electric Supply Limited (151m) Toronto, Ontario, For Lease50 Ministry of Government and Consumer Services. Thank you for your request. Casebridge Court An SRPR will provide much needed information to determine the true location of the boundary. The final image purchased is delivered as a high-quality, high-resolution PDF. The information on this page was last updated on May 11th 2021. Disputed tree belongs to neighbours on both\r\nsides of property line, appeal court rules\r\nOn Tuesday the Ontario Court of Appeal upheld a May ruling that declared Katherine\r\nHartley and her neighbours co-owners of the Norway maple on Humewood Dr. The\r\nneighbours who did not want the maple cut down called the ruling a “fantastic”\r\noutcome for “trees and the people of Ontario.”\r\nA massive Norway maple tree has caused an expensive legal dispute for neighbours in North York\r\nwho have argued over one property owner\'s rights to cut the tree down. ft. Can be divided into small units. While they were gone, Mr. Wright and his father removed the fence and replaced it with an orange\r\nconstruction fence, which he placed along the lot line. 1515 Birchmount Road 0.15 km Toronto Dance Industry Inc. 1530 Birchmount Rd #1 0.23 km Ultra Sports Centre. Skyway Avenue The Our Kids review of Bond Academy Day Camp. He later discovered that this would not be a problem. The application form may also be sent by fax to 416-266 3898, attention: Bond Language Centre, Admissions. Toronto, Ontario, Unit 11589 Closed now , See all hours. © Bob Aaron All Rights Reserved. Toronto, Ontario, 10685 Reference Plans are a type of survey plan used to communicate a change (or proposed change) to the extent or title of a property. (4th) 304 (1997), 103 O.A.C. What does this mean? Mr. Sdao testified that he was not\r\nconcerned about this, as he was satisfied that the property up to the fence had by that time become part of 96 Johnson through the operation of adverse possession. They show lot numbers, lot location and lot dimensions. Plus use our free tools to find new customers. Registered Subdivision (survey) Plan for property. He proceeded to make some inquiries. (2d) 604 (H.C.J.) Detailed road map of 1500 Birchmount Rd; Detailed hybrid map of 1500 Birchmount Rd; Detailed terrain map of 1500 Birchmount Rd; Detailed satellite map of 1500 Birchmount Rd; Search for maps. Author: Anne Araujo … Toronto, Ontario, For Sublease6 Read verified and trustworthy customer reviews for Bell Technical Solutions or write … Horner Avenue On January 19, 2004, Mr. Wright retained Mr. Kidd, who had\r\ndone the 1994 survey, to do a survey for the purposes of locating the new house on the lot. 1500 Birchmount Road: Date TBD: Cost TBD: Baking/Decorating|Cooking|Theatre Arts|Arts & Crafts|Drawing|Painting|Pottery/ceramics |Badminton |Basketball|Soccer Scroll . Buying a House: Use a Registered Plan/Plan of Subdivision to confirm the lot number, location and dimensions. On 2009/11/13 an application was received for a variance in zoning bylaw (Other). Scarborough Planning District Great exposure on busy street. Exterior Renovation/Construction: A Reference Plan is only useful for this type of requirement if it shows enough detail of your property. One such trespass\r\nwas the removal of some bushes that were adjacent to the old fence. The PYB Official guide to the BoundaryWise™ listings. Corporation Name Office Address Incorporation; 12572591 Canada Inc. 2837, Kingston Rd, Scarborough, ON M1M 1N2: 2020-12-15 : 12574179 Canada Inc. 22 Cardy Place, Scarborough, ON M1G 2B2: 2020-12-15: … ALWAYS CONSULT A SURVEYOR. Whether you’re building a new addition or defending your property line from your neighbours, this is your one-stop source for all land-, boundary- and title- related information for this property. Click here to browse our full library of resource articles. On May 17, 2004, a roofer\r\ndied after falling off the roof during the construction of the Eller/Wright house. 1500 Birchmount Rd, Scarborough, ON M1P 2G5 Get directions » Phone Number. This is an area of the city that has been undergoing somewhat of a boom in recent years. When Ms. Eller contacted them, shortly after agreeing to purchase the property, to\r\narrange for the children to get together, Mr. Sdao was suspicious of the real motives. For ease of reference, we have highlighted\r\nthe relevant parts. Search within more than twenty millions of Maphill's maps. The defendants, Wendy Eller and Paul Wright, made an offer to purchase their property at 100 Johnson Street, next door to the west of the plaintiff, in November 2003 and\r\nclosed on February 27, 2004. that are usually the cause of disputes, nor does it provide measurements for you to approximate the location of the boundary. 1500 Birchmount Road 0.11 km Best Mobilez. 1515 Birchmount Road 0.2 km Toronto Dance Industry Inc. 1530 Birchmount Rd #1 0.28 km O'Neil Electric Supply Limited.
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