Local residents are upset about the recent addition of a fence that has blocked off a path from Country Lane to the Canadian Film Centre property.
Coun. Jaye Robinson’s office has received at least 10 e-mailed complaints about it.
Robinson said the issue apparently stems from a summer of 2010 meeting between the former councillor, Cliff Jenkins, and five abutting property owners. The aforementioned neighbours have “restrictive covenants” (which place limitations on how a piece of land may be used) that give them certain rights to weigh in on what occurs on the site. The covenant has a provision that prevents Country Lane from being employed to enter and exit the park.
At the meeting, the covenant holders had expressed concerns about commercial dog walkers using the path and people parking on Country Lane in front of the entrance.
Robinson said she would like to see the fence reopened but noted it will require the permission of all five covenant holders.
“There is one Country Lane resident that’s upset, but it seems to be people from other areas that seem to walk their dogs through there,” she said. “I really understand that because it’s really difficult when you’ve had access to something and suddenly you don’t.”
Richard Rix has been fighting to get the pathway reopened on behalf of a number of fellow residents.
“It’s actually causing hardship to some people — not to me personally because I can walk around it — but there are a couple of old ladies who live on Country Lane who, for them, it’s been their way into the parklands for up to 40 years,” he said.
Rix sees it as a long-established right of way.
Tamara MacKeigan, a film centre spokesperson, said the fence was put up when the centre realized they weren’t in compliance with the legally binding covenant.
“In the covenant, it says, ‘No persons, animals or vehicles of any kind shall enter upon or exit from the said lands or any part thereof directly from or to Country Lane,” she explained.
There had previously been a gate there, but it kept getting vandalized. In terms of the timing, MacKeigan added that it was a safety issue as construction occurs as part of the ongoing campus improvement project.
The film centre will be hosting a public meeting in the new year, which Robinson recommended to anyone concerned about the matter.
In the meantime, residents can access the property through the main entrance on Bayview Avenue.
