Tag Archives: David McGee

05.27.17
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Sutherland Saga: ‘The court costs may have exceeded the costs of repair’

city_scope_logo-cmykNeither of the combatants in the City of St. Thomas vs. Sutherland Lofts hearing was the star of the show Wednesday at the Elgin County Courthouse.
That honour went to his honour, Justice Peter Hockin , who had no qualms about speaking his mind, sharing his thoughts and guiding lawyers Valerie M’Garry and John Sanders down the path of least resistance.
Or as he stressed, “I don’t want to spin our wheels on collateral issues.”
Now remember, this is the same Justice Hockin who, in 2008, overturned a ruling from Justice David Little that gave the city the go-ahead to demolish the four-storey structure.
In reference to the boxes of evidence accumulated since then, Hockin cut to the chase. “Is it unsafe right now . . . there were recommendations of what could have been done but never was done.”

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05.24.17
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It all comes down to this: Is the Sutherland Press building unsafe?

After a protracted legal battle that has spanned nearly a decade – and characterized as a “battle royale” at a hearing Wednesday at the Elgin County Courthouse – the Sutherland Saga comes down to a single question.
Is the Sutherland Press building unsafe?
Justice Peter Hockin set an aggressive tone early as both sides sat across from each other for the first time since a three-member court of appeal panel in Toronto earlier this month ruled in the city’s favour, advising a lower court erred in its determination last September that a notice issued in March of 2016 warning of demolition of the four-storey structure for failure to comply with a previous work order was null and void.

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05.20.17
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St. Thomas developer states the obvious: ‘You’ve got to have people downtown’

city_scope_logo-cmykIt will be a game-changer for the revitalization of the downtown core. An apartment complex proposed for the three-acre parcel of land at the southeast corner of Ross and Talbot streets that one of the partners in the deal calls “a nice lot that would make for good housing.”
In May of 2015, Bob and Don McCaig purchased the vacant parcel of land at 672 Talbot Street from Infrastructure Ontario for $750,000, well below the asking price of $1.1 million. 
Previously the site of a car dealership and the YMCA prior to that, the land had been purchased by the province as a possible location for the consolidated Elgin County Courthouse.
Speaking with Bob McCaig on Friday, he is proposing to erect a pair of apartment buildings in two phases.

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05.08.17
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Sutherland hostages handed a small legal triumph

There haven’t been many in the past decade, however on Monday the city received word of a small victory in the Sutherland saga.
City manager Wendell Graves informed council a panel of three appeal court justices ruled in the city’s favour, advising a lower court erred in its determination last September that a notice issued in March of 2016 warning of demolition of the four-storey structure for failure to comply with a previous work order was null and void.

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04.15.17
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Can a building simply crumble under the weight of engineering reports?

city_scope_logo-cmykIt was a question posed by one of three appeal court justices that cut to the chase in the latest snafu associated with the Sutherland Saga.
Wednesday morning at Osgoode Hall in Toronto, she queried why “a defect in service would make an order null and void.”
Specifically, why would an alleged deficiency in the manner in which Chris Peck, the city’s chief building inspector, delivered a notice to building owner David McGee, warning of demolition of the structure for failure to comply with a previous work order, render it null and void?
Well, that was the determination of Justice Kelly Gorman on Sept. 27 of last year at the Elgin County Courthouse, which let to the city’s appeal of that decision heard last week.

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04.12.17
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Fate of Sutherland Press building remains in a holding pattern

Not unlike the two combatants, a panel of three appeal court justices failed Wednesday to make any significant headway in the eight-year standoff that is the Sutherland Saga.
The nearly three-hour hearing held at Toronto’s Osgoode Hall dealt with the city’s appeal of a decision handed down September 27 of last year by Justice Kelly Gorman, who determined a notice issued in March of last year warning of demolition of the four-storey structure for failure to comply with a previous work order was null and void.

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04.08.17
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Please grant us a sane and sensible community grant policy

city_scope_logo-cmykA seemingly innocent comment at the close of Monday’s reference committee meeting – held prior to the regularly scheduled council session – unwittingly could have the same impact as flinging a full can of gas onto a smoldering fire.
In the new business portion of the meeting, Coun. Mark Burgess waded into the mire that is council grants to community groups, a process that sees hundreds of thousands of dollars doled out on an annual basis.
The response to the good councillor’s remark was swift.

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03.18.17
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You have been forewarned, this ain’t her first St. Thomas rodeo

city_scope_logo-cmykQuestion for you. What’s a common factor in the demolition of a building and demolition of end-of-life vehicles? Well, in St. Thomas that would be Valerie M’Garry.
For nearly a decade, the London lawyer has steered her client – Sutherland Press building owner David McGee – through the court system, deflecting at every turn attempts by the city to demolish the structure built in 1913.
Twice this year, the hearings have stalled due to M’Garry’s ill health, but at the most recent appearance Ontario Superior Court Justice Peter Hockin left no doubt as to what lies ahead in the Sutherland Saga: the matter will be addressed May 24 with or without M’Garry.
“Mr. McGee should take that into account,” cautioned Hockin.

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02.18.17
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It’s time to move on, the hostages are beyond the restless stage

city_scope_logo-cmykLaying down the law in the Sutherland Saga originated from an unlikely source this week in the form of Ontario Superior Court Justice Peter Hockin, one of the original cast members in the near-decade long run of this soap opera.
Tuesday at the Elgin County Courthouse, Hockin was set to preside over the hearing involving the City of St. Thomas versus Sutherland Lofts owner David McGee.
McGee, through lawyer Valerie M’Garry, is challenging an unsafe building order issued Oct. 28 by the city that gave him until Dec. 15 of last year to provide a detailed work plan and schedule repairs to begin early last month on the four-storey structure.
But, as was the case on Jan. 3, the hearing was a non-starter due to M’Garry’s ill health.

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