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Battle for Hastings Overview

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In December 1985 a storm hit Long Point, located on the north shore of Lake Erie.  Some homes were damaged on Hastings Drive and one of them was ours.  We were told by the authorities to tear down what remained, that the road would be closed, no rebuilding would be allowed, and the area was re-zoned Hazard Land. My father wrote to his MP, MPP, and anyone else who would listen about this situation: no insurance pay out, and harassment for even visiting our property.  He eventually gave up ever seeing this situation put right. In August 2013 we visited our property with our two children to go for a swim.  Someone called the police on us and we were asked to leave. This has to stop.  This is our land. We are calling upon Norfolk County to re-zone this road.  It has been over 30 years.  Other parts of Long Point, with the same issues as Hastings Drive, were deemed Hazard Land after the storm but have since been re-zoned!  The Hazar...
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The Story of Hastings

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Courtesy of the Shoreline Group.  To join please contact wearehastings@gmail.com H A S T I N G S Ask yourself this… If you owned a home that was destroyed by fire in Fort McMurray, or a flood of the Red River, or a flood of the High River, and were subsequently told by the municipality you could not rebuild because there ‘might’ be another event that could destroy your home, what would you do?  To add insult to injury, the municipality effectively sterilizes your property by down zoning it with no compensation: what would you do?  That your neighbour who is on the lot immediately next to you whose house remained intact can continue to enjoy the privilege of enjoying their property?  Would you feel fairly treated?  And yes, we do live in Canada. This is the story of Hastings. Hastings Drive is a 3 kilometer stretch of beach and forms part of a 42 kilometer sand peninsula well known as Long Point, Ontario. Hastings Drive was a regis...
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The Evolution of Legal Non-Conforming Rights (Toronto: 2010)

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Many, if not most, municipalities across Ontario have provisions in their zoning by-laws that purport to limit repair, renovation or use of buildings that are non-conforming as to use or non-complying as to performance standards. The intent and effect of these by-laws are to “encourage” property owners to bring non-conformity or non-compliance to an end. Two recent decisions, TDL Group Corp. v. Ottawa (City), 2009 CarswellOnt 7336 (O.M.B.), striking out a portion of the  City of Ottawa’s  zoning  by-law  regarding non-conforming rights, and Ottawa (City) v. TDL Group Corp., 2009. Carswell Ont 7168 (Ont. Div. Ct.), which denied the City of Ottawa’s leave to appeal of an order of the Ontario Municipal Board (OMB or Board), signifies a clear and unambiguous ruling that municipalities may not limit or coercively bring to an end non-conforming or non-complying rights beyond the narrow constraints permitted by the Planning Act, R.S.0. 1990, c. P.13 and at common law...
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