Shoreline dredging and filling without a permit on the Muskoka River has proven to be a costly mistake
High Falls Resort and its president Brian Coldin of Bracebridge have been convicted of violations under the Public Lands Act. Coldin and the resort were each convicted 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.
High Falls Resort was fined $140,000 and Coldin was fined $40,000. The court also imposed a surcharge of $35,000 on the company and $10,000 against Coldin.
In addition to the fines, both the company and its president were issued probation orders prohibiting continued unauthorized shoreline work.
The court heard that between May 2018 and July 2019, Coldin conducted unauthorized shoreline work fronting the water park of the resort property which is situated along the north branch of the Muskoka River in Bracebridge. The work that had taken place included dredging and filling the shoreline with several loads of sand, and graded it to create a beach for the resort users.
In 2018, Coldin was served a stop-work order to prohibit the further filling of shorelands but ignored the order. The deposited sand subsequently washed away when the water levels rose in the spring.
In determining a sentence, the court relied on the compliance history of Coldin and the High Falls Resort. In 2011, the resort had been convicted of unlawfully filling shorelands and was issued a probation order at that time.
Justice of the Peace Carolyn Noordegraaf heard the case in the Ontario Court of Justice in Bracebridge on September 27.
