In early April 2013 WHRA received results of an informed crown opinion as to additional rock area involved in this dispute.
This decision resulted in the involved adjacent land owner requesting a further delay from July 31, 2013 to January 31, 2014
. This request was refused by WHRA. Several reasons were cited for refusing to allow the lengthy delay. Our group asked that
this matter be listed for trial. Shortly after the refusal reply correspondence was received asking WHRA to allow delay to
30 September 2013 in order to allow time for the involved land owner to meet and attempt to reverse the crown’s position in
the April 2013 decision. The request also cited the necessity of the adjacent land owner having to seek new council if trial
was pursued. His current counsel would continue to represent him if resolution continued. On informed advice WHRA did not
contest the 2 month delay.
Recent decisions from the court may favour our position in keeping The Rocks Public. The first is Edward Richard Ellard v/s
Township of Tiny 12 July 2012 and the second is a Court of Appeal decision involving Battaglia v/s Township of Tiny.
Both favour keeping beaches public. Look on the Tiny Twp website if you wish to read the decisions.
The Whiskey Harbour Recreation Association Incorporated thanks you for continued support in keeping The Rocks for public use. Below is a renewal form for WHRA membership. Over 300 supporters are on court record since 2001 and we ask for your continued assistance. Your contribution is important to the communities continued use of the area. The ROCKS is currently open to the public through a court order. Funds are greatly needed to continue our involvement in the legal process, please consider a contribution of $100, 75, $50, or $25. If you have any questions please contact a committee member listed below, or visit our website to obtain a complete history of events, as well we ask you to use proper etiquette while visiting the ROCKS.
Our executive committee consists of:
Chairperson - Peter Osborne - 519-793-3033
Deputy Chairperson - Karen Sword (no phone)& Lorne Bergman - 793-4752
Treasurer - Jack Noble - 793-3857
Secretary - Kim Hoey - 519-793-4707
Secretary – Pat Bergman 519-793-4752
Websmith–Meg Smith 519-793-3427
Connie and Ted Sweiger – land owner plan 444 near the Rocks (no phone)
The Whiskey Harbour Recreation Association Incorporated thanks you for continued support in keeping The Rocks for public use. Below is a renewal form for WHRA membership. Over 300 supporters are on court record since 2001 and we ask for your continued assistance. Your contribution is important to the communities continued use of the area. The ROCKS is currently open to the public through a court order. Funds are greatly needed to continue our involvement in the legal process, please consider a contribution of $100, 75, $50, or $25. In an attempt at resolution, a second mediation held July 06, 2012 before retired court judge Justice Killeen, a mediator who brought considerable experience in land and shore line disputes appears to be unsuccessful. A trial is inevitable at this point. As previously reported, examinations for discovery have been conducted, we have completed our undertakings, and we thank all those who provided historical descriptions of the area use. Two recent decisions from the court may favour our position in keeping The Rocks Public. The first is Edward Richard Ellard v/s Township of Tiny 12 July 2012 and the second is a Court of Appeal decision involving Battaglia v/s Township of Tiny. Both favour keeping beaches public. Look on the Tiny Twp website if you wish to read the decisions. WHRA is holding a 3rd annual garage sale on the day of the Pike Bay Pig Roast – 17 August 2013 – 8:00AM – donations are needed – contact Brad Sale 519-793-6883 one week before the sale for drop off instructions. T-shirts and hats are available – call Jack Noble for your order. Annual Meeting to held at the Pike Bay Community Center Saturday 31 August 2013 10:00AM If you have any questions please contact a committee member listed below, or visit our website to obtain a complete history of events, as well we ask you to use proper etiquette while visiting the ROCKS. Our executive committee consists of: Chairperson - Peter Osborne - 519-793-3033 Deputy Chairperson - Karen Sword (no phone)& Lorne Bergman - 793-4752 Treasurer - Jack Noble - 793-3857 Secretary - Kim Hoey - 519-793-4707 Secretary – Pat Bergman 519-793-4752 Websmith–Meg Smith 519-793-3427 Connie and Ted Sweiger – land owner plan 444 near the Rocks (no phone)
If you have any questions please contact a committee member listed below,
or you can visit our website to obtain a complete history of events, as well we ask you to use proper etiquette
while visiting the ROCKS
Greetings to members and new friends who care for our “Rocks". For those who are not familiar with this land dispute I would like to give you a brief synopsis: The Rocks are located at the end of Whiskey Harbour Road and have been enjoyed by the public for over 60 years. Manley Forbes, who developed Plan 444, sold property in the area using The Rocks as a selling feature knowing that the public had use of this prime recreational area. Visitors enjoy the pristine beauty of the spot and take in swimming and watching sunsets. The Whiskey Harbour Recreation Association ("WHRA") was formed when a land claim was filed by a property owner adjacent to the Rocks and the area was temporarily closed to the public. WHRA became an incorporated not for profit organization this year. WHRA actively challenged the land claim and an interim court order was granted allowing the public continued use of the area until the land claim was settled. The legal process has proceeded through some unsuccessful settlement negotiations and examinations for discovery have been completed. An examination for Discovery is where a representative of both sides is asked questions under oath regarding their position on the action. At this examination you are asked to produce more information in support of the case known as undertakings. We are in the process of answering undertakings arising from the examinations and I appreciate the help I have received from our members in obtaining this information. A Case Conference is scheduled in May and we will be obtaining a timetable for completion of the legal process and we will keep you posted on upcoming dates.
In the meantime we encourage people who use the Rocks to continue to respect its pristine condition and you can visit our website to obtain more information on the history of events and etiquette we ask you to use while visiting the Rocks.
The struggle to keep the use of this recreational area continues and our legal costs continue to rise with future court proceedings. Once again we must approach you and people who would like to be members to donate what you can for this membership drive. If you have any questions please contact a committee member as listed below.
Our executive committee consists of:
We have included a membership renewal application form. Please fill in the blanks and mail or deliver to:
“THE ROCKS” c/o Jack Noble, 61 Forbes Rd., R.R. #1, Mar, Ont. N0H 1X0.
On January 10th and 11th examinations for discovery took place for all parties and there are numerous undertakings to be answered which are being completed. We are in a position to provide the members with an update and I would ask that you contact any member of the executive to provide us with current contact informati...on including address, phone number and email address so that this update can be provided to you. We look forward to hearing from you as soon as possible. Peter Osborne, Chairperson
Greetings to members and new friends who care for our “Rocks ". For those who are not familiar with this land dispute I will do a brief synopsis. The Rocks are located at the end of Whiskey Harbour rd and have been frequented and enjoyed by the public for over 60 years. Visitors enjoy swimming, sunsets and other related activities. The WHRA was formed after a land claim to the Rocks was filed by the adjoining land owner and the recreation area was temporarily closed to the public and police responded to trespass complaints from this land owner. Our group actively challenged the claim, about 30 people attended the first court session and this resulted in a court order issued in 2002 allowing the public continued use until the claim was settled and this order is still in force today. We encourage people who visit the area to respect its pristine condition. We ask that garbage not be left behind, leave after dark, and avoid using the area as a latrine. No fires or alcohol are permitted. The struggle continues for the use of this area for recreational purposes. We still require your continued support or the land will become private and access will be stopped.
Update: The legal process continues and the compromise process we all were hoping for last fall failed to result in resolution. WHRA felt the proposed access rights to the area put forward by the adjoining land owner were too restrictive and unmanageable. Both sides moved forward and the Discovery process was set for May and June of 2010 and was delayed both times. Discovery is presently in the process of being reset and the time frame, 4 to 6 weeks from June 2010, is being firmed up by both sides. This proceeding will go ahead; the provincial court has set a due date for trial to be set not later than December 31. 2010.
Support Us Please: Our legal costs continue to rise with future legal and court proceedings. I must advise all who are interested in continued access to donate. If we don’t pursue the claim the community will undoubtedly lose this recreation area. Simply put, the bigger the group the better to handle costs. One hundred people at $25 equals $2,500 and 200 people is $5,000. Once again, we must approach you and people who would like to be members, to donate what you can for this membership drive.
Our executive committee consists of:
Upcoming get together: For those people who are members and general users of the area called “THE ROCKS”, this will again be a wonderful season for visits and activities at this recreation area. Our yearly get together will be held on Sunday afternoon, on the 1st of August 2010. We want everyone possible to come out and support our cause. This would be a good time to renew your membership. Last year our Labour Day get together was extremely successful. The court wants this to move forward and so do we. A successful end to this dispute will help us keep “THE ROCKS” for all to enjoy. Please support the cause and thank you for your continued support.
Peter Osborne for
The Committee
Update: 15 August 2009 WHRA has received a response from the adjacent landowners counsel as unacceptable. There were several issues addressed but the main sticking point is the proposed boundary line. Tentatively agreed to are:
For the better part of a century the area has been used by the general public. We as a community have to decide if we wish to give this challenge up or continue to oppose this land claim. This takes dollars. Remember if 100 people give $100 that equals $10,000 – it gets us through the critical stage – if you can afford more fine – if not give what you can – but give – if there is not community support we lose this valuable recreation area – lets see if we can get that community support.
17 Aug 09 – the community has responded and WHRA committee has decided due to this positive response to proceed forward and keep challenging the claim in order to reach a settlement.
Thank you for you continued support and your generous donations – we need them;
Peter Osborne
For the Committee
Greetings to our members and new friends who care for our “Rocks ". For those who are not familiar with this land dispute I will do a brief synopsis. The Rocks are located at the end of Whiskey Harbour rd and have been frequented and enjoyed by the public for over 60 years. Visitors enjoy swimming, sunsets and other related activities. The WHRA was formed when a land claim was filed by an adjoining land owner and the area was temporarily closed to the public. Our group actively challenged the claim which resulted in a court order allowing the public continued use until the claim was settled and is still in force today. We encourage people who visit the area to respect its pristine condition. We ask that garbage not be left behind, leave after dark, and avoid using the area as a latrine. No fires or alcohol are permitted. The struggle continues for the use of this area for recreational purposes. We still require your continued support.
The legal process continues and we are in a compromise process involving legal teams from both sides. Our legal costs continue to rise with future legal and court proceedings. Once again, we must approach you and people who would like to be members, to donate what you can for this membership drive. We have included a membership renewal application form. Please fill in the blanks and mail or deliver to “THE ROCKS” c/o Jack Noble, 61 Forbes Rd., R.R. #1, Mar, Ont. N0H 1X0.
Our executive committee consists of:
For those persons who are members and general users of the area called “THE ROCKS”, this will again be a wonderful season for swimming and for visiting this recreation area. Our yearly get together will be held on Sunday afternoon, on the 2nd of August 2009. We want everyone possible to come out and support our cause. This would be a good time to renew your membership. Last year our Labour Day get together was extremely successful. Our projected resolution date is expected within a few months. If we fail to reach compromise, (which at this point looks promising) in the resolution process, our lawyer is proposing a pre-trial hearing before fall. The court wants this to move forward and so do we. A successful end to this dispute will help us keep “THE ROCKS” for all to enjoy. Please support the cause and thank you for your continued support.
Peter Osborne for
The Committee
This map was provided by The County of Bruce. Please visit their site and try it for yourself here.
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