05/12/2025
Statement from KenZel Properties:
Over the last year, there have been a few incidents of unacceptable conduct by Scouts Canada volunteers and guests, during their use of the registered right of way over KenZel Properties and while on their own property. Some of this unacceptable conduct has been directed at youthful and elderly members of our family.
Scouts Canada provided a written letter to KenZel Properties on December 17th, 2024, requesting permanent removal of a temporary, movable structure on the right of way, designed to direct guests of KenZel Properties’ tenant (Sunken Escapes).
To permanently resolve the issues between KenZel Properties (and its tenants) with Scouts Canada volunteers and guests, Scouts Canada and KenZel Properties met virtually on January 13th, 2025 to review options. Scouts Canada provided a written reply to the options on January 17th, 2025. In response, KenZel Properties made a formal offer to Scouts Canada on January 27, 2025, that included the following:
• Immediate access via an alternate route (historically used by Scouts vehicles);
• No road upkeep or snow removal costs for the Scouts;
• KenZel Properties covering all legal costs for documenting the agreement;
• A simple code of conduct clause to ensure respectful use of the land;
• Existing registered right of way untouched.
Additional Context
The first instance of documentation is provided in Book 179, page 237 (Lot 1 on LRO plan P-12226), where Rupert Long conveys land to Clifford Long, and which conveyance describes the 10-foot right of way across Clifford’s land. It is our family’s understanding that Clifford eventually reached his tolerance with Scouts Canada, which prompted Scouts Canada to then seek a right of way from Waldo Long, which was granted at width of 15 feet in 1960 (Book 196 page 222). This registered right of way appears on plan No. 762-17-1, and does not illustrate the end of the route currently used by the Scouts. Over the years, Waldo’s tolerance was exhausted and then Waldo approached Ken Long who offered his (Ken’s) driveway for convenient access for the Scouts. Eventually, due to the repeating set of undesirable interactions, Ken informed Scouts Canada that they were no longer welcome to use his driveway. Ken made road alterations on land at 536 Sunken Lake Road (outside of the right of way and providing verbal agreement) so that the Scouts could access their land.
Regardless of unfavourable interactions and disagreements between the various landowners and Scouts Canada, the Longs have continuously provided Scouts Canada with access to their land. We reiterate that the January 27th, 2025, KenZel Properties proposal remains on offer: free access using an alternate route that was once used by Scouts Canada by regular vehicle, with immediate effect and at zero cost to Scouts Canada indefinitely into the future. The existing registered right of way will remain on record.
Over the past year, we have consulted land experts and lawyers to inform our understanding, that the verbal agreement, for the end of the current pathway, is revocable. We have offered an improved alternative yet have received no response from Scouts Canada for four months on the beneficial proposal. Had Scouts Canada indicated that it was willing to work towards this proposal, a straight shot line from the road to their property, the cease and desist letter would not have been sent.
The landowner's singular intent is to ensure respectful and convenient use of the lands in the area. The timeline to achieve this ideal resolution is, and has been for the past four months, in the hands of Scouts Canada.
