Peter Kuitenbrouwer, National Post
Published: Wednesday, December 12, 2007

Donor's heir at odds with U. of T.
'Can't Put It Nicely'; Claims university forcing sale of observatory

A descendant of one of the University of Toronto's most famous donors has broken her silence about what she calls the school's "confiscation" of a 79-hectare parcel of land that her grandmother gave to the school for an observatory.

"I really can't put it nicely," said Donalda Robarts, granddaughter of Jessie Donalda Dunlap, who in 1927 and 1932 gave the U of T the land in Richmond Hill for the David Dunlap Observatory. "I would call it confiscation."

The university voted last month to scrap the observatory and Canada's largest telescope, and sell the land, in the heart of Richmond Hill, to the highest bidder. The school is accepting bids until Feb. 15; some estimates say the land could fetch $100-million.

Now Mrs. Robarts says that for 20 years she resisted pressure from university presidents who wanted her to let them sell the land and pocket the proceeds. She says she only agreed to the deal after the university asked the Ontario Superior Court to set aside her grandmother's wishes. The university had lined up her two brothers, David and Moffatt Dunlap, on its side by that point, she said.

"The university have a legal team my brothers have a legal team, so I have to get a legal team," Ms. Robarts, a mother of seven who lives in Windsor, recalled of that period. "It's terrible, isn't it?"

Ms. Robarts said she had always wanted to obey her grandmother's wishes. "I have a picture of me with my little shovel when the first tree went in" at the observatory.

According to an application to court the U of T filed in May, 2003, the late Jessie Donalda Dunlap donated the farm "to enable the establishment of a world-class observatory at the University of Toronto, and to provide a memorial to her husband, the late David Alexander Dunlap."

The deed said the lands "shall not be ? used in whole or in part for any other purposes than those set out in the deed unless the consent in writing of "the grantors, her heirs, executors or administrators is previously obtained."

The deed went on to state that, "should the lands or any part thereof cease to be used, held or maintained for the purposes of an observatory or park, or park-like setting, the lands, together with all improvements, shall revert to and become the property of 'the grantor, her heirs, executors, administrators and assigns.' "

In its 2003 application, the school asked the court to "discharge any and all conditions and covenants," on the land, or say that the deeds' "reverter of the lands" to the family is "void and unenforceable."

The application did not proceed because the three siblings settled with the school out of court. No one will disclose the terms.

Rob Steiner, a spokesman for the U of T, said the school's actions were "eminently fair." David Dunlap III said the deal, to use part of the proceeds to create the Dunlap Institute of Astrophysics at the U of T' s downtown campus, is "positive for the science."

Peter Martin, chair of the school's Department of Astronomy and Astrophysics, said the new institute will allow the school's young astronomers "to forge ahead."

But a groundswell is growing against the deal, led by the university's celebrated astronomer, Tom Bolton, and also including David Barrow, Mayor of Richmond Hill. Mr. Barrow said the university "is just interested in turning this into cash for the family and the university."

Mr. Barrow said the school silenced its opponents at a Governing Council meeting where it approved the deal.

"The university said anyone who wishes to speak must present comments in writing. Then at the meeting they said, 'We have your written comments. You may not speak.'"

Mr. Steiner said the council prefers written comments.

Told about the U of T's court application against Ms. Dunlap's heirs, the mayor said, "Wow. It seems very high-handed to take people to court on the legacy of the family, or a gift to the university."

Mr. Barrow spent Monday and yesterday at Queen's Park, trying to get provincial government help to protect the observatory and the surrounding land in public hands. He pleaded with the university yesterday to give him more time.

"The process is not allowing anybody to consider other options," he said.

pkuitenbrouwer@nationalpost.com

http://www.nationalpost.com/news/Story.html?id=162397

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