Sutherland Saga sees St. Thomas held for ransom

city_scope_logo-cmykJust when we thought the Sutherland Saga could not plunge deeper into the abyss of absurdity, what happens but it does just that.

In a decision rendered Tuesday (Sept. 27), Justice Gorman declined to rule on owner David McGee’s request for an injunction to halt demolition of the four-storey structure deemed unsafe by city engineers.

Instead, Justice Gorman did accept McGee’s submission at the May hearing in the Elgin County Courthouse that Sutherland Loft Inc. did not receive notice of a building order and its president was unaware, specifically, the building might be demolished if not remediated by the owner. Continue reading →

Sutherland Press building demolition decision deferred

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If the elements don’t hasten the demise of the Sutherland Press building, time spent in protracted court battles may ultimately prove the enemy of the derelict structure.

As the result of a technicality presented May 27 of this year to Justice Gorman by building owner David McGee, no decision has been reached as to whether the city can proceed with demolition of the Talbot Street building dating back to 1913.

In a decision delivered Tuesday, Justice Gorman declined to rule on McGee’s request for an injunction to halt demolition of the four-storey structure deemed unsafe by city engineers.

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After eight years, where might the money be?

city_scope_logo-cmykComing up to three months since both sides in the Sutherland saga faced each other again at the Elgin County Courthouse. On May 27, city staff and Toronto owner David McGee – along with their legal counsel – left the fate of the 103-year-old Sutherland Press building in the hands of Justice Gorman.

Have we waited an inordinate amount of time for a decision?

Not really, suggests McGee’s lawyer Valerie M’Garry. There is a lot of supporting documents to digest she notes.

“Stacked together they would be a foot-and-a-half high,” M’Garry points out, “so for her (Justice Gorman) to go through them all, which I think she would want to do for whatever decision she is going to render.”

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Interpreting Ascent deal through our ‘filters’

city_scope_logo-cmykThree members of council are in favour of keeping the people who elected them to office in the dark about the comings and goings at Ascent, formerly known as St. Thomas Energy.
Well actually it may only be two but we’ll get to that in a moment.
The trio, Mayor Heather Jackson and councillors Gary Clarke and Linda Stevenson sit on the Ascent board of directors which met May 26 to deal with the sale of its Ascent Solutions division to Spark Power of Oakville.
Included in the deal are Tillsonburg-based Tiltran — acquired by Ascent in 2007 — and Belleville operation Tal Trees — acquired in 2009.
This corner — and we’re sure many ratepayers — would like financial disclosure on the sale.
Guess what, that is not about to happen. Continue reading →

Sutherland stalling hits ratepayers in the pocket

city_scope_logo-cmykIf it didn’t pose such a financial burden on the city, the Sutherland saga would be comedic relief in best Keystone Cops fashion.
Take, for example, the return to court this past Tuesday in what was to be the start of a scheduled two-day hearing to determine the fate of the 103-year-old structure.
Instead you have a solicitor and three city staffers sitting in stunned silence across from building owner David McGee and his lawyer as Ontario Justice Gorman announces she has only set aside five minutes for the proceedings.
So, who dropped the ball here?
It was made perfectly clear when the two sides last faced off in April the next step would entail presentations from the city seeking to proceed with demolition of the derelict building while McGee and his lawyer would counter with the argument there is nothing structurally wrong with the four-storey structure. Continue reading →

Round 1 in Demo Derby #2 goes to St. Thomas

23jt01sutherlandjpgLikening the drawn-out proceedings to a dog chasing its tail, both sides in the Sutherland Press building saga appeared Monday before Justice Desotti at the Elgin County Courthouse.
Toronto owner David McGee – in a replay of court proceedings in 2008 – is attempting to sidetrack the city’s second attempt to demolish the four-storey Talbot St. structure that dates back to 1913.
The city has already tendered a demolition contract with Schouten Excavating, who submitted the lowest bid in the amount of $101,135 and McGee is seeking a court injunction to halt any attempts to dismantle the edifice.

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Sutherland insurance policy is somewhat reassuring

city_scope_logo-cmykThe dog-and-pony show known as the Sutherland Saga returned to the courtroom Friday as city staff and legal counsel sat across from Toronto owner David McGee and his lawyer Valerie McGarry in the Elgin County Courthouse.
McGarry, by the way, was McGee’s lawyer in 2008 who successfully argued the city should not be allowed to continue with demolition of the four-storey structure constructed in 1913.
That victory, noted McGarry, “gives him (McGee) an opportunity to demonstrate that he always intended to restore and maintain and refurbish that building.”
Really.So why are ratepayers on the hook for another legal tussle that will hit them in the pocket for thousands in court costs and possible penalties owing to Schouten Excavating who submitted the lowest demolition tender in the amount of $101,135. They were expected to begin last month.
So what transpired Friday?
In airline parlance, we’re in a holding pattern. Continue reading →

Should city consider purchasing its downtown nemesis?

city_scope_logo-cmykJust when you thought the Sutherland Saga couldn’t attain grander levels of absurdity, comes word the structure is now on the market as a power of sale listing.
As of March 19, the building is available for purchase from E & M Cavaco for $99,888.
While the listing didn’t quite describe it in this fashion, we can imagine something along the lines of this.
“A spectacular fixer-upper in need of a little loving attention. Ideal for the handyman. With a little time and resources could be returned to former glory. Close to downtown and adjacent to rail transportation. No reasonable offer refused.”
So where does this leave the city and (former?) owner David McGee? They are supposed to appear in St. Thomas court next Friday as McGee attempts again to stall demolition of the structure that dates back to 1913.

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What’s next in the Sutherland saga?

 

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A conceptual drawing of what the Sutherland Press building might possibly look like if successfully converted into a condominium development. The four-storey structure is now listed under power of sale, with an asking price of $99,888.

 

While the city and owner David McGee prepare for an April 8 court date, the Sutherland Press building is now the subject of a power of sale listing.
The four-storey structure was listed for sale on March 19, three days prior to a meeting in a London courtroom where McGee attempted to halt a second attempt by the city to demolish the building that dates back to 1913.
The two sides are scheduled to appear again April 8 at the Elgin County Courthouse.
According to the listing posted by a London realtor, the Sutherland Press building is offered at $99,888 and is being sold under power of sale by E & M Cavaco.
It is described as “located in the heart of St. Thomas, approx. 7,000 sq. ft. per floor with ceiling heights of 12 feet.”

Continue reading →