After nine years of legal wrangling, a bevy of engineering reports, much dizzying debate over semantics and hair-splitting, we finally have a definitive answer from on high.
The Sutherland Press building is unsafe. That’s the determination of Justice Peter Hockin handed down this week along with confirmation building orders issued in 2015 and 2016 have been confirmed as valid.
All right, but now what?
City manager Wendell Graves advised the next step for the city is consultation with legal counsel John Sanders, but “In the absence of any action by the owner, the city will want to make the area safe again as soon as possible.” Continue reading
“It ain’t over till it’s over,” cautioned baseball legend Yogi Berra.
And truer words were never spoken in reference to the protracted Sutherland Saga.
A ruling released this week by Justice Peter Hockin confirmed two work orders issued by the city in 2015 and 2016 are valid – a decision based on evidence presented by the city’s legal counsel John Sanders and Valerie M’Garry, representing building owner David McGee, at a June 2nd hearing at the Elgin County courthouse. Continue reading
When we last looked in on the Sutherland Saga, one question remained unanswered. Is the four-storey structure looming over the downtown core unsafe?
After a day-long hearing Friday at the Elgin County Courthouse – in which lawyer Valerie M’Garry, representing owner David McGee, and John Sanders, representing the city’s chief building official Chris Peck, parried over the definition of unsafe and is there a definition of a safe structure – little headway was made in what has become a dizzying debate over semantics.
And, as was the case on the opening day of the hearing a week ago, it was Justice Peter Hockin who dominated proceedings. Pondering aloud at one point, “What if this place is not insurable from a liability point of view?”
To backtrack for a moment, the purpose of the two-day hearing is to get down to business and deal with the decision of a three-member court of appeal panel handed down last month in which it 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.
Neither 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.”
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.
It 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.
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.