Balm Beach fence feud goes to the courts
Justice dismisses peace bond application
Posted By TRACY MCLAUGHLIN
Posted 1 year ago
As the battle of the fence at Balm Beach continues, so does the battle over car horn-honking, finger-gesturing and last but not least -- feces proffering.
These were the accusations that formed hot arguments in a Barrie court last Thursday between two main contenders in the ongoing Balm beach battle.
John Marion, 63, has been the subject of insults and downright hatred ever since he erected a two-metre wooden fence on his property in 2006. The fence reaches the water's edge and blocks passage-way for strolling beachgoers at Balm Beach in Tiny Township.
In court this month, Marion brought a peace bond against his neighbour, Roger Neil, who he claims is the instigator behind a string of incidents.
Some of those incidents this summer include a mini-riot, when someone took a chainsaw to the fence in broad daylight to the delight of cheering sunbathers, and in another incident, someone set fire to the fence in the wee hours of the morning.
Marion also claims it was Neil who sent a threatening letter with a bullet in it, shot at his truck, continuously honks his horn while giving "the finger" and shoved dog feces at his face.
In court, Neil countered the accusations and insisted he is the victim of ongoing assaults by Marion and his family.
In the end, the Justice of the Peace ruled there was no evidence that could show that Neil participated in anything other than horn-honking, gesturing and shoving dog feces in Marion's face, and dismissed the application.
"To say it's rude is an understatement," said Justice of the Peace Gerry Solursh, but said the incident does not require a peace bond.
"This is the most acrimonious hearing I have ever presided on," the justice said, noting the constant arguing between the two men in court that took them way off topic.
"This hearing is not about fences and boundaries and disputes -- it's about a peace bond."
Meanwhile, the battle over the fence continues by members of the public, who have developed a group called Preserve the Use of Balm Beach (PUBB), and are lobbying to have the Marions' fence removed.
