Ontario Court of Justice

Bracebridge’s Ontario Court of Justice has convicted a local Muskoka resort and its president of violating the province’s Public Lands Act, fining them a combined total of $225,000.

Between May 2018 and July 2019, Brian Coldin, president of High Falls Resort in Bracebridge, dredged a section of the Muskoka River fronting the resort property without a permit. He then filled the shoreline with several loads of sand, grading the sand to create a beach for guests.

The local authorities were alerted to the unauthorized shoreline work in 2018 and issued Coldin a stop-work order to prohibit further shoreland filling. But in the spring of 2019, high water levels washed away the deposited sand, and Coldin, in contravention to the stop-work order, re-filled the shoreline with sand.

The Public Lands Act has strict rules around shoreline maintenance to protect the province’s freshwater systems. Local municipalities may grant a work permit to maintain, repair, or replace erosion control structures, such as retaining walls to prevent run-off into the water. But the act prevents private individuals from shoreline dredging and filling, especially without a permit.

Coldin appeared in court on Sept. 27 in front of Justice of the Peace Carolyn Noordegraaf. The court convicted Coldin and the Muskoka resort of three counts of filling shorelands without a permit, one count of dredging shorelands without a permit, and one count of disobeying a stop-work order.

As part of the conviction, the court fined Coldin $40,000, plus a surcharge of $10,000, and it fined High Falls Resort $140,000, plus a surcharge of $35,000.

This isn’t the first time the High Falls Resort has been in trouble with the law. In 2011, the resort was convicted for unlawfully filling shorelands and was issued a probation order. The court took this into account when setting Coldin and the resort’s fine amounts.

Cottagers on the Trent-Severn Waterway, not far from Big Chute Marina, contended with 24 hours of mischief last week after Ontario Provincial Police arrested a 41-year-old man from Toronto who was causing disturbances in the area.

On September 5 around 12:04 p.m., the Southern Georgian Bay OPP detachment responded to a call about a neighbour disturbing several cottagers along John Buchler Road in Georgian Bay Township. Const. David Hobson said at present, OPP are unable to release information about what the man was doing.

By the time OPP arrived the accused, later identified as Thomas Dibaise, had jumped into the waters of Six Mile Channel, just off of John Buchler Road, and fled. With assistance from the OPP Marine Unit, officers found Dibaise approximately three hours later, still in the water, near Little Chute—south of Six Mile Channel.

Officers arrested Dibaise and charged him with mischief, which includes obstructing, interrupting, or interfering with the lawful use, enjoyment, or operation of a property. According to Hobson, examples of mischief can range from blasting excessive noise at inappropriate times to driving a Sea-Doo back and forth too close to someone’s dock—any action, within reason, that prevents an owner from enjoying their property.

Officers also charged Dibaise with escaping lawful custody, and six counts of uttering threats to cause death or bodily harm. Officers released Dibaise, who was staying at a cottage in the area, under conditions, with the understanding that he would appear before the Ontario Court of Justice on October 27.

This, however, wasn’t the OPP’s last interaction with Dibaise. The next morning on Sept. 6, just before 8 a.m., emergency services received calls about a fire at the cottage Dibaise was staying at. OPP officers and the Georgian Bay Township Fire Service responded to the call. According to Hobson, there were no visible flames, but smoke billowed out of the cottage.

Fire services extinguished the smoke, but during that time, Dibaise fled the scene. OPP eventually found him driving along Whites Falls Road in Severn Township.

To safely halt the vehicle, OPP deployed a spike belt along the road, which punctured and deflated the tires of Dibaise’s vehicle. Officers arrested Dibaise again, charging him with a second count of mischief, dangerous operation of a vehicle, four counts of failure to comply, and stunt driving.

This time, officers did not release Dibaise after his arrest, instead transporting him to the Southern Georgian Bay OPP detachment where he remains in custody. Dibaise will appear before the Ontario Court of Justice at a future date.