Michael Wills

The applicant sought confirmation under the Boundaries Act of the true location of the boundaries of a property known as Rossini Park.

The objector, who owned the abutting water lot to the north, disputed the northerly boundary of the park, arguing it should be the limit depicted on Plan 813 rather than the current water's edge.

The applicant claimed the disputed land was the result of natural accretion.

The tribunal found that fill material had been intentionally and substantially deposited both into the water and onto the dry land between 1931 and 1944, which fixed the boundary position at its last known location prior to the filling event.

The tribunal dismissed the application in part, allowed the objection, and confirmed the northerly limit of the park as retraced by the objector's surveyor.

The respondent requested to defer the human rights application pending the conclusion of an unfair labour practice application filed by a union at the Ontario Labour Relations Board (OLRB).

The applicant opposed the deferral, arguing the OLRB application did not seek similar remedies or raise Code issues.

The Tribunal found that the facts and issues regarding the applicant's termination overlapped significantly between the two proceedings.

To avoid inconsistent decisions, the Tribunal ordered the application deferred pending the conclusion of the OLRB proceeding.

The respondent requested an adjournment of the scheduled hearing because two of its witnesses had to attend a company event out of town.

The applicant opposed the request.

The Tribunal dismissed the adjournment request, finding no exceptional circumstances as required by its Practice Direction.

The Tribunal noted that the applicant would present his case first, allowing the respondent's witnesses to attend their business trip and testify later if necessary.