It 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.
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.
Question 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.
St. Thomas appears to have a bit of a scrap on its hands over, of all things, scrap metal and salvage.
At a public meeting held prior to Monday’s council session, an objection was raised in regard to a zoning bylaw amendment requested by Triple M Metal permitting an end-of-life vehicle waste disposal operation at their industrial metal recycling depot at 245 Edward Street.
Laying 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.
For the second time in just over a month, the future of the Sutherland Press building has been put on the waiting list due to ill health.
As the City vs. Sutherland Lofts hearing was set to open Monday at the Elgin County Courthouse, the lawyer for building owner David McGee advised Ontario Superior Court Justice Peter Hockin she was unsure if she could continue.
“I’m struggling with my health. I’m struggling,” admitted Valerie M’Garry, who sat slumped in her seat.