Cal­en­dar

The Compass - - Editorial - BY AN­DREW ROBIN­SON ed­i­tor@cb­n­com­pass.ca

July 26-28 Ter­nua 2017

Basque Fes­ti­val in the Square July 27. De­par­ture of row­ing crew for Saint Pierre July 28.

Aug. 4

Cana­dian Ci­ti­zen­ship cer­e­mony

At the Pla­cen­tia Arts Cen­tre at 11:45 a.m.

Aug. 4-6

Voices of Pla­cen­tia Bay Fes­ti­val

Kitchen Party at Fresh­wa­ter Com­mu­nity Cen­tre Aug. 4. Fes­ti­val in the Square Aug. 5 from 2-11 p.m. Mass at Sa­cred Heart Church and brunch at the Star Hall Aug. 6.

Aug. 6-12

Come Home Year New Per­li­can

Cel­e­brat­ing Come Home Year in New Per­li­can. For de­tails con­tact the Town of New Per­li­can at 583-2500.

Aug. 12

Pla­cen­tia Area His­tor­i­cal So­ci­ety An­nual Tea Party

At the O’Reilly House Mu­seum 2 p.m.

Aug. 14

Mayor’s March for Heart and Stroke

At the Pla­cen­tia Town Square at 7 p.m.

Aug. 21-27

Old Per­li­can Cel­e­bra­tions

A week of events and ac­tiv­i­ties. Visit www.towno­fold­per­li­can.ca or the Face­book page for the events sched­ule.

Aug. 26

Pla­cen­tia Fam­ily Fun Day

At Fern­dale Veter­ans Park from 1-3 p.m.

Satur­day

Car­bon­ear Le­gion chase the ace

At the Royal Cana­dian Le­gion, Car­bon­ear, ev­ery Satur­day, 11 a.m. to 8:45 p.m. with the draw tak­ing place at 9 p.m. For info call 596-3691.

Tues­day

New Hope Al-ANON

Meets ev­ery Tues­day 7:30 p.m. at the U-Turn Ad­dic­tions Cen­tre in Car­bon­ear, at 46 Pow­ell Drive. A 12-step re­cov­ery pro­gram for rel­a­tives and friends of al­co­holics.

Wed­nes­day NAR-ANON

The Trin­ity Con­cep­tion NAR-ANON Fam­ily Group of­fers a 12-step pro­gram de­signed to help rel­a­tives and friends of ad­dicts re­cover from the ef­fects of their ad­dic­tion. We al­ways main­tain per­sonal anonymity. Meet­ings Wed­nes­day nights, 7:30-8:30 p.m. at the U-Turn Ad­dic­tions Cen­tre, 46 Pow­ell Drive, in Car­bon­ear. For in­for­ma­tion, call 786-1797 af­ter 5 p.m.

TD Sum­mer Read­ing Club in Car­bon­ear

Reg­is­tra­tion for the TD Sum­mer Read­ing Club is on­go­ing at Car­bon­ear Pub­lic Li­brary. Story Time will be on Tues­days at 11:30 a.m. and Satur­day at 1:30 p.m. for ages 0-6, and the Ju­nior Read­ing Club will be Thurs­days at 3 p.m. and Fri­days at 1 p.m. for ages 7-12. The pro­gram will run un­til Aug. 12 and fea­tures fun sto­ries, songs and crafts ev­ery class. For more in­for­ma­tion, come by the Li­brary dur­ing reg­u­lar busi­ness hours or call 5963382. We hope to see you there!

ST. JOHN’S, NL — A Supreme Court jus­tice has de­nied a landowner’s re­quest for an in­ter­locu­tory in­junc­tion to pre­vent the Town of Bay Roberts and the pub­lic from ac­cess­ing a por­tion of a lo­cal walk­ing trail.

The de­ci­sion handed down Mon­day, July 17 by Jus­tice Ros­alie McGrath in the Supreme Court of New­found­land and Labrador is linked to an on­go­ing case dis­put­ing the own­er­ship of land as­so­ci­ated with the Bay Roberts Shore­line Her­itage Walk at Mad Rocks.

Vin­cent Jones, the plain­tiff in both court mat­ters, con­tends por­tions of the trail plus the park­ing lot and a road lead­ing to it are on his prop­erty, which was pur­chased in 1980.

Jones filed a law­suit in 2014 against the Town of Bay Roberts and the Bay Roberts Her­itage So­ci­ety seek­ing com­pen­sa­tion and an order to pre­vent both par­ties from ac­cess­ing the land and pro­mot­ing its pub­lic use.

The ap­pli­ca­tion for the in­ter­locu­tory in­junc­tion was filed al­most two years ago, with three hear­ing dates held in March, June and Septem­ber of 2016.

In her de­ci­sion, McGrath looked at ev­i­dence re­lated to the own­er­ship claims, though she added a fi­nal de­ci­sion on that dis­pute would ul­ti­mately be left to the Supreme Court jus­tice han­dling the other case’s trial.

While the judge did find there was a se­ri­ous is­sue to con­sider at trial, she did not feel the plain­tiff would suf­fer ir­repara­ble harm if the in­junc­tion were not granted. The judge also de­ter­mined the bal­ance of con­ve­nience did not favour grant­ing an in­junc­tion.

How­ever, the judge did of­fer a word of cau­tion to the town, ad­vis­ing it’s clear the trail, park­ing lot and road are un­doubt­edly close to the plain­tiff’s bound­aries, even if they’re ul­ti­mately found not be to within them. Given there’s an on­go­ing court bat­tle, the judge rec­om­mended the town con­sult with Jones on any po­ten­tial main­te­nance work in the area to en­sure widen­ing does not take place.

The Bay Roberts Her­itage So­ci­ety started work on the trail near Mad Rock in the mid 1990s, with the town tak­ing over main­te­nance ap­prox­i­mately 10 years ago. The land, which the town zoned for her­itage use, can­not be de­vel­oped.

An aerial view out­lin­ing dif­fer­ent own­er­ship bound­aries iden­ti­fied over the years for dis­puted land in­cluded in the Bay Roberts Shore­line Her­itage Walk. The de­fen­dants in an in­ter­locu­tory in­junc­tion pre­sented this doc­u­ment in the Supreme Court of New­found­land and Labrador last year.

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