There is now a real campaign issue for the voters in ward 1: Does the incumbent have a Conflict? Candidate Radway steers clear of the problem

By Staff

October 19th, 2022

BURLINGTON, ON

 

Robert Radway: Now he has an issue he can campaign on

Ward 1 candidate Robert Radway released a statement saying “the issue of potential conflicts of interest that Councillor Galbraith appears to have are a concern for everyone in the ward.

“Moving forward I want all residents of Aldershot to have the best representation possible in all matters concerning development.

I respect the advice the Integrity Commissioner gave Councillor Galbraith

I appreciate the civic engagement of Mr. Muir for holding Councillor Galbraith accountable on this issue.”

Return to the Front page

Ward 1 Councillor in a bit of a bind: he is in a Conflict situation and did not tell his constituents.

By Pepper Parr

October 19th, 2022

BURLINGTON, ON

OPINION

The news that ward 1 Councillor Kelvin Galbraith has been in a conflict of Interest with properties within the MTSA boundary.

A number of people in a group of about 20 people have been claiming this for some time but were never able to have a meeting with Galbraith to voice their concerns.

They believed that their council member was not going to be in a position to represent their interests because of the Conflict.

What happens now?

Ward 1 Councillor Kelvin Galbraith

We have put a number of questions to the Councillor; we have not heard from him yet.

There are three people who have told the Gazette they will file a complaint with the Integrity Commissioner and realize that complaints are never heard during an election’

If the Integrity Commissioner finds against Galbraith what are the options? At the worst he can have Galbraith removed from office which would mean the calling of a by-election for ward 1 – and those things are not cheap.

Will the news of the Integrity Commissioner’s report have an impact on the election?

Will Robert Radway find a way to alert the Aldershot voters and swing public sentiment?

What does Galbraith do now? Assume he can continue campaigning?

Would he consider bringing his campaign to a halt?

Heck of a mess isn’t it ?

The Gazette wonders why Galbraith did not advise Council that he was in a Conflict and doubted that he could fully represent his constituents.

Galbraith told the Gazette very recently that he was not in a Conflict and that he had met with the Integrity Commissioner – what Galbraith did not tell the Gazette was that he had a report in hand that said very clearly that he was.

Councillor Galbraith will not be permitted to discuss developments in this part of the ward due to his conflict of Interest.

Galbraith said on or before May 14th that he was going to run for re-election – knowing that he had advice from the Integrity Commissioner that he was in a Conflict of Interest when any property within the MTSA boundary was being discussed.

Related news story:

Ward Councillor fails to tell his constituents that he is running – at a time when he knew he was going to be in a conflict situation

Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.

 

Return to the Front page

Seniors turn our to vote at the Advance Polls - respectable numbers

By Katelyn Goodwin

October 19th, 2022

BURLINGTON, ON

 

Yesterday I concentrated my Man on the Street interviewing outside two of the Advance polls: Tansley Wood and the Appleby Ice Centre

I then covered the plaza a short block away from Tansley Woods Centre.

There was a short line up at Tansley, at Appleby people were able to just walk in.

My count at both locations was something more than 200 people.

I noted the ward the person lived in, an approximation of their age and what there issues were.

Except for one young couple the people I interviewed were all 60 and over.

Their comments went like this:

Ward #6
Female
80s
This lady’s main ward concern is the Millcroft and golf course development. She and other residents in the area are against it, but it continues to be built.
Her main city concern is housing and the price of it

Ward #6
Male, Female
70s-80s
This couple’s main ward concern is the Milcroft development. The man says they have neighbours that will be affected by the golf course being developed. He also noted there were elderly people in the neighbourhood that will be affected by the golf course development in general.
Their city concern is overdevelopment of buildings

Ward #5
Male, Female
70s
Their main concern in their ward is the safety of residents, and the number of wild animals such as foxes or coyotes they have seen around

Ward #5
Male
20s
This young man didn’t have too many city or ward concerns other than transportation and getting around in general

Ward #5
Male, Female
60s
This couple’s main ward concern was the condo development; they feel the amount of them being built is getting to be a bit much
Their main city concern is overdevelopment of buildings and how they are taking away from the environment. The man noted he liked how the city used to have a good amount of space between houses with a lot of grass/fields before high rises and condos began going up in those spaces.

Ward #6
Male, Female
70s
This couple’s ward concern is the development of the golf course
Their main city concern is overdevelopment. Especially the overdevelopment that doesn’t ‘jive’ with the green or environmental spaces in the city. The woman noted the less amount of green in the city compared to what it once was.

Ward #5
Female
70s
This lady’s ward concern is the high-rise they are trying to put up on the corner of Appleby where seniors who are already paying a lot for housing are. It will cause a gas station there to be taken down and it is a station a lot of seniors in the area use, including a couple of her neighbours.
Her city concern is the overdevelopment of buildings and the condos going up everywhere.

Ward #6
Female, Male
70s
This couple’s ward concern is the Milcroft development. They are against it as are other residents in the area as it will affect many people living there.
Their city concern is the slowness of delivery at city hall when applying for city related services as well as the money being paid for said services

Ward #5
Male
60s
This man’s city concern was the number of tall buildings going up everywhere and overdevelopment in general

Ward #5
Female, Male
60s
This couple shared a one-time event that happened in their neighbourhood. Someone was illegally owning a breed of Pit bull dog while possibly being involved in other illegal activity involving the breeding of dogs which caused a commotion involving assault weapons when word got out though thankfully nobody was killed or injured. They wished people in the neighbourhood had been notified sooner rather than later by authorities for safety reasons. Especially when taking in the children who live in the neighbourhood.

Other than that incident they have issues with coyote sightings and people letting their dogs off leashes in places where they shouldn’t such as sidewalks or streets. Anywhere besides parks.
For their city concern, while they were pleased with what happened with the waterfront, they don’t want too much overdevelopment not unlike many other city residents.

Ward #6
Female
70s
Her main ward concern is healthcare and affordable housing for the elderly
Her city concern is that she believes more roads need to be paved, especially with the development of buildings with the lack of streets to support them

Ward #6
Male, Female
70s/80s
This couple’s ward concern was the reliability of the services in the ward such as stores, gas stations, etc. and that the area is getting busier.
Their city concern is density, construction, and traffic

Ward #6
Male
80s
This man’s ward concern was the housing for seniors-he says there isn’t enough, and it isn’t affordable for everyone
His city concern is density and the number of high-rises going up

Ward #2
Female, Male
70s/80s
This couple just moved into the city and doesn’t have any immediate concerns thus far, though they did do enough research to vote in the municipal election

Ward #6
Male, Female
80s
This couple’s ward concern was the amount of busy traffic
Their city concern was how busy it is on both Appleby and Guelph line. The lady believed they weren’t the best streets for pedestrians in terms of crosswalks either because of that business.

What was clear was that people were getting out to vote.  Seniors have always been voters in Burlington.  Where those votes go will be evident Monday night.

Katelyn Goodwin is a graduating student at Sheridan College.

Return to the Front page

Integrity Commissioner advice on Conflicts of Interest given to Councillor Galbraith

By Pepper Parr

October 19th, 2022

BURLINGTON, ON

 

In February of this year Councillor Kelvin Galbraith met with the Burlington Integrity Commissioner to seek advice on any Conflicts of Interest he might have.

In March of this year the Integrity Commissioner gave Councillor Galbraith the following advice:

,This is in response to our conversation and your inquiry of February 24, 2022 regarding whether you might have a conflict of interest if you participate in consideration of planning changes affecting properties you own within the area known as the Major Transportation Study Area (MTSA) for the Aldershot GO, in Burlington.

You have advised that you own two properties along Waterdown, 1016 and 1018 Waterdown Road and one property located at 15 Plains Road West from which you operate your business, The Fitness Firm.

These three properties effectively book-end, abutting at the rear, the property which sits directly at the corner of Waterdown and Plains Roads.

You have advised that the two Waterdown Road properties were formerly residential dwellings, which were removed a number of years ago, and that your future plans include integrating them into a larger development through land assembly.

The relationship of your properties relative to the MTSA Aldershot Hub area as presently delineated is depicted on the following map view:

The Integrity Commissioner provided a map to help explain specifically where the Conflicts are.

If we have omitted or incorrectly stated any material facts please advise as it may cause us to alter our advice to you.

In order to fully understand the potential land assembly we have enlarged a part of the map.

A is the location of the Galbraith Fitnes Firm, B is the garage at the intersection that Galbraith does not own, C and D are properties that Galbraith acquired and E is a Tim Hortons location within a small plaza.

Advice

Municipal Conflict of Interest Act

 As a Member of the Council you are subject to subsections 5(1) and 5(2) of the Municipal Conflict of Interest Act (“MCIA”) Those sections require that you not take part in discussions or voting on a matter, or attempt in any way before, during or after a meeting, to influence the voting on a question related to the matter when you have a direct or indirect interest in the matter. Those sections also require you to disclose the general nature of the interest, and where the matter under consideration takes place in a forum not open to the public, to not be present.

The relevant provision is as follows:

  1. (1) Where a member … has any pecuniary interest … in any matter and is present at a meeting of the council … at which the matter is the subject of consideration, the member,
    • shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;
    • shall not take part in the discussion of, or vote on any question in respect of the matter; and
    • shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.

A matter which has likely financial impact (positive or negative) on your own property constitutes a pecuniary interest to you.

Planning Notice as an indication of financial impact

Proximity to a property under consideration is a ‘flag’ to members of Council, to stop and consider whether they may have a conflict of interest in participating in the matter. Distance alone is not the determining fact, but can be used as a reasonable ‘rule of thumb’ to determine potential for a possible financial impact arising from development applications.

With respect to the determination of a specific distance beyond which a member of council who owns a property would not be considered to have a conflict of interest, although there are no hard and fast rules, we consider that the distance utilized for Notice under the Planning Act provides reasonably good guidance for determining the appropriate distance beyond which impact might be considered ‘remote and insignificant’ for most planning and development applications.

Your properties all fall clearly within the area being contemplated as the study area, and which will be subject to policy amendments to support and guide future development under the relevant official planning document.

Sometimes, where a member of council owns a property which is within an area affected by a decision of council, that member may be deemed to have an interest in common. This may be the case where the member’s property, although likely to be affected by the decision, will be no differently affected than hundreds of other similarly-situated properties.

Interest in Common

Section 4(j) of the Municipal Conflict of Interest Act (MCIA) provides an exception for a member’s interest where the pecuniary interest is an interest in common with electors generally. In relevant cases the duty to comply with s. 5, MCIA, to declare and refrain from participating and voting, does not apply.

“Interest in common” as used in section 4(j) has been interpreted by the Courts in such a way that the interest need not be an interest in common with all electors of the municipality, but can be an interest in common with all other similarly situated residents.

For example, where all residents of a particular area would be impacted by a particular council decision, and the individual member’s interest is no different from the other affected electors who resided in the same area,1 that too would be considered to be an interest in common.

This reasoning of “interest in common” was applied by the court in Murphy v. Foster, where a member of council participated in and voted on a decision to designate an area of environmental protection in a new official plan, making it more difficult to obtain development approval on lands adjacent to the subdivision where that member owned property. The member was found to have an interest in common.

It should be noted that where the courts have found that the pecuniary interest is different not by degree, but by nature (kind) from that of the other ratepayers in the area under discussion, it will be more difficult to find an “interest in common”. An example we often use is the example of a gravel road hard-topping (road paving) program which affects, say, one hundred properties in the same manner, varying the actual property value impact of the paving program on the abutting properties only by the width of the frontage involved. Regardless of the actual dollar-value impact, each of those 100 properties would have an interest in common, varying only by degree. If one of those properties, however, were required to have a sliver of frontage expropriated for the paving, that property interest would differ in kind and the interest in kind exception would no longer be available.

Cases which differentiate a member’s property interest as distinguishable from other property owners affected, found that the member stood to benefit in a particular manner, through development of property which would flow as a result and by virtue of the council decision, and therefore the interest was not an interest in common.2

Based on the original map of the study area, which merely delineated the boundary of the MTSA Aldershot GO area but did not identified any proposed changes to the land uses, it would have been reasonable to consider your interest as an interest in common. However, in light of the more granular level of detail now under review, which includes proposed changes to land uses which have a direct affect on the potential uses for your properties, and which will affect your properties differently –in degree and in nature – from other properties throughout the study area, we would not consider your interest to be an interest in common any longer. This is underscored by the fact that two of your properties are, in fact, vacant and you are awaiting planning changes to enable redevelopment, with possible land assembly to enhance the opportunities. It would be reasonable to characterize you as an investor in the area, whose investment return will be realized through redevelopment, and for this reason, your interest could not properly be considered an interest in common.

Remote or Insignificant:

While it is often relevant to consider whether an interest could be considered “remote or insignificant” as referenced in the MCIA, s. 4(k), we would not consider this exception to be relevant in your circumstances. The applicable test to determine whether a member has an interest that is so remote or insignificant in its nature such that it cannot reasonably be regarded as likely to influence the member is set out in Whiteley v. Schnurr (1999), 4 MPLR (3d) 309. The question to be asked is as follows:

Would a reasonable elector, being apprised of all the circumstance, be more likely than not to regard the interest of the councillor as likely to influence that councillor’s action and decision on the question?

In many of the cases determining a councillor’s pecuniary interest to be remote and insignificant, the interest arises out of an indirect pecuniary interest resulting from the pecuniary interest of a member of the councillor’s family, business relationships or other memberships. In the current circumstances, because the interest arises from your ownership of three properties within the study area, two of which are destined for redevelopment which the re-designations will enable, a pecuniary interest for you would not be considered remote or insignificant.

Accordingly, we conclude that, now that the plans include reference to proposed designations affecting your properties, you are required to recuse yourself from the discussion and voting on consideration of the Aldershot GO MTSA. This includes refraining from participating and attempting to influence the outcome during the open house and other occasions at which the public, staff and Members of Council are contemplating proposed policies affecting the Aldershot GO MTSA.

Any time consideration of the matter is before Council or any of its committees, your specific declaration might go something like this:

As the owner of several properties within the study area which will be affected by the proposed land use designations being contemplated, I have a pecuniary interest and will be recusing myself from participating in or voting on this matter.

Footnotes:

1 In Re Ennismore (Township) where a decision to build a communal water supply system affected an area of the township, and the council member had a commercial establishment in the study area, his pecuniary interest was an interest in common; even though his interest was affected to a greater degree, it was not different in kind from other affected electors.

2 Graham v. McCallion, 1982 CanLII 2014 (ON SC); Re Greene and Borins, 1985 CanLII 2137 (ON SC); Jafine v. Mortson, 1999 CanLII 14775 (ON SC).

We would be pleased to discuss our advice with you at your convenience.

Related news stories:

What the Aldershot MTSA is all about and what can be built within the boundary.

Reshaping Aldershot

Return to the Front page

Gould on what the Liberal government wants to pass in the way of new legislation

By Staff

October 18th, 2022

BURLINGTON, ON

 

Karina Gould in the House of Commons

Burlington’s Member of Parliament rose in the House of Commons yesterday and told the Speaker that there were all kinds of things the Conservatives could do t help Canadians.

“Conservatives have an opportunity to demonstrate that they care and want to help low-income Canadians. They have several opportunities in fact. They could support the bill for dental care for low-income children to get their teeth fixed.

“They could support the bill that would put $500 into the pockets of low-income renters. They could support the bill that would provide a disability benefit for Canadians with disabilities.

“There are lots of opportunities for Conservatives to demonstrate in the House how they care for Canadians. I just do not understand why they will not.”

Return to the Front page

Police Make Arrest in Grandparent Scam that took place in Burlington

By Staff

October 18th, 2022

BURLINGTON, ON

 

It took a little longer than we expected – but there was no doubt that at some point a person who was being pulled into one of those Emergency Grandparent Scams that the Halton Regional Police Service (HRPS) would be involved and able to make an arrest.

Often people are embarrassed by being taken advantage of – they don’t call the police – they don’t want anyone to know.

This week an arrest related to a “grandparent ” or “emergency” style scam being operated in Burlington. This scam is a type of fraud that has been an ongoing trend across Halton resulting in many community members being victimized.

On October 17, 2022, HRPS officers were made aware of a scam in progress. Police attended the residence and arrested Kevin Murenzi (24) of Gatineau, QC.

The suspect attended this location in order to collect $9,000 cash from a victim for the alleged and fabricated bail of her child. This is a theme often used by fraudsters throughout the GTA.

The suspect was placed under arrest by investigators and charged with Fraud Over $5000 and Obstruct Peace Officer.

Investigators are asking anyone who has information or may have also been victimized to contact the Regional Fraud Unit – Intake Office at 905-825-4777 ext. 8741.

Tips can also be submitted anonymously to Crime Stoppers. “See something? Hear something? Know something? Contact Crime Stoppers” at 1-800-222-8477 (TIPS) or through the web at www.haltoncrimestoppers.ca

Emergency (Grandparent) Scams
These types of scams typically involve the victim receiving an unsolicited phone call regarding a loved one being in distress. The perpetrators falsely identify themselves as a loved one, or impersonate a police officer and/or other participants of the criminal justice system (such a lawyers, bailiffs, and “bondsman”), falsely claiming that the loved one is in police custody as a result of a specific incident. They request a larger sum of money to have the supposed loved one released from custody, or to pay for associated bills/fines accrued as a result of the alleged incident. The funds requested can be in the form of a direct cash payment, bank transfers, various gift cards, and digital currency. While the scam is ongoing, and the payments are being made, the perpetrators will on occasion use the threat of a fictitious “gag order” to prevent the victim from discussing the matter with anyone else.

Tips to protect yourself
• Attempt to verify the caller’s identity – do not volunteer any information, and further ask very specific probing questions about the caller.
•Request to call back the initial caller – then independently find the number of the police service (or other purported agency in question) and call them directly to clarify the situation. If unsure, call your local police service and ask them for assistance.
• Attempt to directly call the loved one in question and clarify the matter with them.

Remember – Fraudsters will count on your good will to act quickly and help a loved one. Take your time and use above noted tips to protect yourself.

Additional information on frauds and scams can be found here, or through the Canadian Anti-Fraud Centre website.

Return to the Front page

Integrity Commissioner advised Galbraith that he is in a Conflict of Interest situation

By Pepper Parr

October 18th, 2022

BURLINGTON, ON

 

After saying that he was never in a Conflict of Interest situation ward 1 Councillor Kelvin Galbraith, responding to a considerable amount of pressure from Aldershot resident Tom Muir, released information from the Integrity Commissioner saying that he was in fact in a Conflict of Interest situation and has been for some time. .

Tom Muir has been like a dog with a bone on the Conflict issue.

In an email to Tom Muir – Galbraith said:

“As you are aware I am extremely busy with election related correspondence and daily canvassing of Ward 1. Your response to my last email was simply too long to get through and answer all that you asked of me so apologies for not responding. See attached letter from the integrity commissioner that covers the issues that you are interested in.”

The Integrity Commissioner said in correspondence to Galbraith:

Kelvin Galbraith Councillor for ward 1

Accordingly, we conclude that, now that the plans include reference to proposed designations affecting your properties, you are required to recuse yourself from the discussion and voting on consideration of the Aldershot GO MTSA.

This includes refraining from participating and attempting to influence the outcome during the open house and other occasions at which the public, staff and Members of Council are contemplating proposed policies affecting the Aldershot GO MTSA. Principles Integrity

Any time consideration of the matter is before Council or any of its committees, your specific declaration might go something like this:

As the owner of several properties within the study area which will be affected by the proposed land use designations being contemplated, I have a pecuniary interest and will be recusing myself from participating in or voting on this matter.

A group pf Aldershot residents have maintained for some time that Galbraith cannot adequately represent their interests with the Conflicts of Interest.

The Gazette had reached out to Galbraith about ten days ago. At that time he said:

“I am hesitant to do an interview with you this close to the election. The Gazette is full of your critical opinion of my fellow council members and staff of which I would be happy to be excluded from. Most of my colleagues no longer speak with you or do interviews so help me understand why I should at this point? For me at this point, no news is good news.”

Return to the Front page

The people with election turn out data at city hall seem to be sitting on it instead of sharing it

By Pepper Parr

October 18th, 2022

BURLINGTON, ON

 

Elections are all about information.

Candidates getting information out to the voters.

Voters looking for information on the candidates

The city administration getting information out to the public on where and when they can vote and at the same time urging people to vote.

What is missing at this point in this election cycle is information from the Office of the City Clerk as to what the turn out was for the first advance poll – our survey suggests it was brisk.

Is this an appropriate way for a city official to communicate with the public?

What has the response been at the online level? Are people voting on line – they certainly are – but how many?

City Clerk Kevin Arjoon.

Our Man on the Street interviews brought out that some people had difficulty voting on line but the vast majority we heard from said it was smooth as silk.

If the City Clerk can find some time when he is not sending out foolish tweets through social media perhaps the public could see some data – please.

Return to the Front page

The songs and the sound of Gordon Lightfoot will be onstage at the Performing Arts Centre.

By Staff

October 18th, 2022

BURLINGTON, ON

 

The Way We Feel, a multi-artist celebration of the songs of Gordon Lightfoot, is coming to The Burlington Performing Arts Centre on Wednesday, October 26th at 8 pm in the beautiful Main Stage Theatre.

This event was conceived of over 20 years ago, and since 2003 this show has featured over 100 different Canadian artists. This October, the show will feature nine talented artists.

In 2003 Jory Nash (bio below) and Aengus Finnan founded The Way We Feel to celebrate the music of a legendary Canadian singer-songwriter who has been credited for defining the folk-pop sound of the 1960s and 1970s.

You only have to hear him once – after that he has a place in your heart.

Gordon Lightfoot is often referred to as Canada’s greatest songwriter; Nash and Finnan have paid tribute to the legend and his legacy by asking some of Canada’s most talented singer- songwriters who have been influenced by him to participate in this tribute concert. “The Wreck of the Edmund Fitzgerald”, “Sundown” and “Early Morning Rain” are but a few of the hits that the audience will enjoy, all performed by a group of award-winning musicians who have Lightfoot’s enthusiastic personal blessing to share his lyrics and songs.

Gordon Lightfoot is a big fan of this project. He not only endorses what Nash and Finnan have brought to life, and admires the collection of ever changing artists that give his music new breath – he has also been known to make surprise guest appearances now and then at The Way We Feel performances.

ARTISTS

 Jory Nash is an award-winning Canadian singer-songwriter and storyteller whose unique sound is a blend of folk, jazz, blues, pop and soul. With 8 albums in his repertoire, his album Little Pilgim was notminated for a Canadian Folk Music Award (CFMA) for Best Producer. He is also a previous winner of the OCFF Songs From The Heart Award for his song “When I Walk Out”. Jory has toured regularly across Canada and the United States, playing festivals, folk clubs, and theatres. He has been a featured performer in the Home Routes house concert series and is the co-founder of The Way We Feel Concert.

Lori Cullen is a Canadian pop, jazz and folk singer-songwriter who hails from Mississauga Ontario. Lori’s voice has been called “one of the purest of a generation”. She has released seven solo albums and has also collaborated with other artists such as Ron Sexsmith and Kurt Swinghammer. Lori is a Juno Award nominee for 2007 Vocal Jazz Album of the Year.

Suzie Ungerleider was born in Northeastern US and raised in Western Canada, and began performing under the name Oh Susanna in the mid-1990a. She won instant praise for her striking voice and poetic songwriting. Two decades, thousands of shows and ten albums, Oh Susanna captivated audiences, earned her a Genie Award, three Juno nominations and four Canadian Folk Music Awards. She recently dropped the Oh Susanna title and is now using her given name to represent her move from Americana Folk/Bluegrass sounds to a more Canadian Singer-Songwriter inspired sound.

Matthew Barber studied for a Master’s in Philosophy. at McMaster.

Matthew Barber has been making records and touring for nearly two decades. Matthew’s indie pop, pop rock sound is influenced by folk and alternative country sounds. He released his first album as a student at Queen’s University and began to take his musical career more seriously while attending McMaster University for his Master’s in Philosophy. Recently Matthew Barber has been spending a lot of time producing albums for other artists alongside his performing.

Kevin Fox is a Halifax Native who now calls Dundas, Ontario home. He is a revered multi- instrumentalist, sought-after orchestral composer/arranger, music director/coordinator/producer and innovative recording artist. He has performed with and/or provided arrangements for: Avril Lavigne, Bahamas, Celine Dion, Chantal Kreviazuk, Cowboy Junkies, Jim Cuddy, Justin Bieber, Olivia Newton John, Sarah Harmer, Sarah McLachlan, Sarah Slean, Sloan, Steven Page, Tom Cochrane, Walk Off the Earth and many more. Playing the cello is Kevin’s first musical language and he expresses it with soulful eloquence on his three solo albums.

Other artists featured on October 26th include: Jason Fowler, David Matheson and Maury LaFoy.

 

THE WAY WE FEEL: A Concert Celebration of the Songs of Gordon Lightfoot

Wednesday, October 26, 2022 at 8 p.m.

Main Theatre

440 Locust Street, Burlington, Ontario Tickets can be purchased online or by telephone:

905-681-6000 | https://burlingtonpac.ca/events/the-way-we-feel/ Tickets: Regular $49.50 / Members $44.50

 

 

 

Return to the Front page

Ward 3 candidate Jennifer Hounslow chose to meet with people in small group settings to hear what they had to say; wishes there had been a debate.

By Pepper Parr

October 18th, 2022

BURLINGTON, ON

 

We asked each of the candidates in each ward to tell us about the impact running a campaign for public office has had on them and how that experience shaped their thinking

Jennifer talking with a voter at a Meet & Greet

Jennifer Hounslow, running in ward 3 against incumbent Rory Nisan said “Hearing from people while canvassing – the good and the bad” adding that “there are so many people in this ward who don’t feel heard – they feel ignored.”

“This was one of the driving forces in me running in this election, and it has been validating, by others who feel the same and just want to be heard, and to have a personal response back from their Councillor.

“That realization validated my candidacy, and has driven me to work hard these past few months.

“It made me decide what kind of campaign I wanted to have – which was focused on the people. I have been spending my time pounding pavement daily and knocking on doors talking with ward 3 citizens.

“I took meetings with people and reached out to the North of the ward where they felt largely ignored. I chose to do a grassroots campaign that was focused on meeting people, listening to them and really hearing their concerns, and explaining my thoughts on the current state of the ward and the city, and where I wanted to make improvements.

“It made me want to be accessible to the masses so I chose multiple meet and greets and other group information sessions so that I could interact and collaborate with the citizens of this ward.

“I only wish there had been a debate so I could have proven that I was the best candidate.

Jennifer Hounslow making a point during an interview with the Gazette

“This realization and the type of campaign I chose has allowed me to get in front of as many people personally as I can . I had volunteers working with me, but every time we canvassed, I was there so that if anyone wanted to speak to me they could.

“Every interaction was genuine, and every lawn sign I have out there was earned – I got approval from the homeowner to put my sign on their lawn.  I am happy with how my campaign has gone and I have worked hard for this, and I hope the ward agrees.”

On October 24th, the citizens of ward 3 will troop to the polls and cast their ballots.

The Gazette reached out to Nisan to arrange an interview. There was no response.

We will report later this week on what Nisan has been able to do for the people of ward 3

Return to the Front page

Ward 6 candidate Rick Greenspoon talks about the job and the complexity

By Rick Greenspoon

October 17th, 2022

BURLINGTON, ON

 

We asked candidates who were responding to media what their experience has been like during the past three or four months they have been going door to door seeking support.

Candidate Rick Greenspoon during an interview with the Gazette

“The largest impact on me personally over the last 2 1/2 months of going door to door is the tremendous amount of work that is required to be an effective city councillor.

“From reading and understanding important reports to finding a way to implement these items requires a “big picture” mentality. Putting the effort to learn about the issues that I have heard about, and finding ways to handle them in a timely and effective matter, requires a persistent work ethic.

“Continuing contact with all the voters seems to be a consistent topic from those who I have met, and getting information out to the them in a timely manner would be greatly appreciated.

“Transparency and accountability are also issues that most concern the people I have met. I have been encouraged by the support from so many, and that encouragement has helped me in this “journey” I embarked on.”

The current ward Councillor Angelo Bentevegna has decided he would not do interviews with us.

Related media:

Angelo doesn’t like the Gazette

Rick Greenspoon: Local business man with solid experience on complex issues

 

 

Return to the Front page

Now if the Minister acted upon and believed what he said Ontario could be a Place to Grow in a balanced way with municipalities making responsible decisions

By Staff

October 17th, 2022

BURLINGTON, ON

 

 Steve Clark, Minister of Municipal Affairs and Housing issued the following statement to commemorate Local Government Week from October 16 – 22, 2022:

Steve Clark Minister of Housing and Municipal Affairs

“Ontario’s 444 municipalities are critical partners of the provincial government, with many responsibilities and essential services which our communities rely on. Municipalities also help our government tackle complex issues—from building housing and supporting growth to reducing traffic gridlock and improving transit networks.

Local Government Week gives us an opportunity to reflect on these vital services and the responsibility that rests with local governments. You can use this week to learn about the many ways to get involved with your local government, including attending town hall meetings or having your say in a local consultation.

I know first-hand how important local government is, having first become involved at the age of 22, when I was elected as Mayor of Brockville. Later, I was the President of the Association of Municipalities of Ontario and the Chief Administrative Officer for the Township of Leeds and the Thousand Islands. These were great opportunities to learn from others, listen to different perspectives, and work to address the unique challenges municipalities face.

As the Minister of Municipal Affairs and Housing, I have applied this experience to build strong relationships with our municipal partners and help Ontario communities thrive.

This year, during Local Government Week, I encourage everyone to learn more about the crucial role local government plays in making Ontario the best place to live, work, and prosper.”

The Gazette urges the people of Burlington to write the Minister directly and tell him we can manage our city – if the provincial government would just let us do just that.

The Minister gets email at: Steve.Clark@pc.ola.org

If enough mail arrives he just might do something

Return to the Front page

On the street - what people are telling the Gazette reporter

By Pepper Parr

October 17th, 2022

BURLINGTON, ON

What we are hearing and what we are not hearing out on the street.

Katelyn Goodwin has been working the streets of the six wards asking people who they think will be elected as members of council October 24th and what the issues were for them in their ward and for the city.

The ADI Group wants to put these three towers on their site at Station West in Aldershot. The green patch would be parkland,.

Development, development, development – most weren’t opposed to growth but not in the downtown core.

There were concerns about the condition of the sidewalks, mostly from seniors. Hardly a word, so far, on taxes.

Our survey is small, the gender balance,  so far is pretty even.

The age spread covered that 35 to 49; 50 to 65 and those over 65 fairly evenly.

Goodwin commented after her first tour through ward 2 that: “Almost everyone I spoke to is going with Lisa Kearns and Marianne Meed Ward. Over development, high-rise numbers, and traffic and transportation seem to be the general concerns in ward 2.

A sampling of the comments from people who were asked who they favoured and what the issues were for them in their ward and for the city overall.

Some of the

Ward #2

Male

50s

Lisa Kearns

This man’s biggest city concern is physical spending costs. He wants the government to not spend anymore than they need to on small things such as paths, art on walkways and buildings, etc.

He is voting

 Ward #2

Male

50s

Preference for mayor is Marianne Meed Ward

This man’s ward concerns are business, getting around the area, and the high-rise buildings going up in front of the lake when people paid for the lake view

His city concerns are transportation, public transit and being able to get around the city, traffic, and more buildings going up while less streets are being created.

He is voting

Ward #1

Female

70s

Preference for mayor is Marianne Meed Ward

This lady would like everyone in the city to be able to live equally and would like living costs to be more affordable

She is voting

The developer wants to tear down the Waterfront Hotel and erect these two towers – both over 30 storeys

Ward #3

Male

60s

Roy Nisan

A huge concern of this man’s is the rising crime rate, mainly coming from Toronto to here. He wasn’t fond of the legalization of more drugs, claiming they contribute to the rise in crime rates around the area he lives in

Is unsure if he will vote or not

Ward #2

Female

40s

Lisa Kearns

Marianne Meed Ward

This lady’s ward concern is the amount of traffic downtown

Her city concern is the transportation. Would like it to be better.

Ward #2

Female

50s

Marianne Meed Ward for mayor

This lady’s city concern is the transportation and the parking

She is voting

 Ward #2

Male

70s

Lisa Kearns

Marianne Meed Ward

This elderly gentleman is happy to live in the city and the area he is in

He is voting

Ward #2

Female

50s

Lisa Kearns

Marianne Meed Ward

This lady’s concern is over development in the downtown area, and stated in her words ‘high-rises do not belong in front of the lake’.

She is voting

 Ward #2

Male,

50s

This man wished to not share the candidate he voted for his ward, or choice for mayor but his main ward concern was overdevelopment and traffic, while his city concern was transportation

He has voted

 Ward #2

Female

70s

This lady’s concerns for her ward are over development of downtown, and the amounts, size, and placements of high-rises. She said that she realizes the city is fighting a losing battle with the government when it comes to those concerns.

She is not voting

Ward #2

Female

70s

Lisa Kearns

Marianne Meed Ward

This lady’s ward concern is the over development and high-rise going up everywhere. Her city concern is likewise the number of buildings that are being built. She reads the Burlington Gazette.

She is voting

Katelyn Goodwin is in her graduating year at Sheridan College.  She is thinking she would like to try doing a graphic novel.  She is prompt, understands whayt it isa to get to work on time and to look for situations that interest people and then write about them.

 

Return to the Front page

Anne Marsden speaks to the students: 'Our future' as she puts it adding - “Anne Marsden, the Mayor Burlington Needs”.

By Anne Marsden

October 17th, 2022

BURLINGTON, ON

 OPINION

The following email is the first of several that I received during the election

 Dear Anne Marsden,

Hi! I am a student in Grade 5 at Alton Village Public School located in Burlington on Steeplechase Drive. In school we have been assigned a project where we learn about the people running for mayor. My group has been assigned you to research about. I have some questions for you, I am wondering what your main goal for our city is? How would it impact us? One last question, what is your slogan or phrase that you really want to catch people’s attention with?

Also Ms. Marsden, something I would like for the city is for pollution to stop or at least to go down a bit. Hope to hear from you soon. Have a good day and good luck with the election!

From, Isabelle AVPS Student

My Reply:

Dear Isabella, Lovely to hear from you and to learn of your interest in my plans for Burlington as Mayor.

Anne Marsden, candidate for Mayor of Burlington at a Chamber of Commerce event

My Main Goal for our city is that I can lead Council into making the very best decisions for all the families and businesses in Burlington. I will need to ensure that the decisions made are inclusive of ALL families not just the families that like what I like.

 It will ensure that your family can provide what you need, such as putting healthy food on the table every day, have a home that is comfortable in terms of heating and if you get sick there is a place to go to help you get better. The streets are safe in terms of no speeding cars etc. and you have lots of places to go for walks or bike rides in your community and enjoy the wonderful splash pads and playgrounds that we have throughout Burlington.

My slogan is “Anne Marsden the Mayor Burlington Needs”.

I hate pollution too Isabella. When I was little I lived in a town in England where there was lots of pollution as we all had coal fires. We also had a big chemical company where everyone worked.

Some days the pollution was so bad you could not see a hand in front of you and ammonia leaks rotted the nylons our moms wore.

After a lot of people got sick it was decided to do something about it. The last time I visited my home town there was no pollution and I could see Roseberry Topping part of the Yorkshire Moors

Roseberry Topping part of the Yorkshire Moors

I promise to you and the rest of the Halton students I will do my very best to accomplish what they did in my home town – Billingham Co. Durham – so we can see and be glad about the beauty that surrounds us. Nothing is better than a bike ride or walk when you can breathe in fresh air and see the beautiful gardens and parks we have in Burlington.

I thought you might like this photo that I have of when I was two that I put my slogan on. It was taken in Billingham riding my pedal car on the street and I adapted it for this election – we would only see maybe one or two cars on that street a day.

I have also attached a photo of me now so if you see me you and stop and say Hi.

Many people had to experience huge sacrifices to have a country where the people decide who the leaders are going to be.

The third photo is a poster I designed and a friend created to encourage people to vote.     It is the right thing to do to vote as a lot of people had to do very difficult things to ensure we could choose who we wanted for Mayor.

Thank you and I hope you get a good mark for your project because you asked all the important questions of me.

Regards Anne Marsden

Anne Marsden is a candidate for Mayor who wants to get her message out to not only the people who can vote but to the student population as well.

An advertisement paid for by the Committee to elect Anne Marsden Mayor of Burlington.

 

 

 

Return to the Front page

For those who wanted someone other than Marianne Meed Ward as Mayor - come back in four years. She will be sworn in later this year..

By Pepper Parr

October 17th, 2022

BURLINGTON, ON

OPINION

There they were – all five of them – even the elusive Walter Tuck.

They were taking part in the Burlington Chamber of Commerce Meet the Candidate event during which they were given the opportunity to respond to questions that reflected the interests of the Chamber of Commerce members.

Not a debate but a chance to hear what they had to say on a number of issues that ranged from getting rid of the Red Tape, making the city a better place, helping people, making better use of the unused commercial space in the city. There was nothing really new or exciting

In the second event featuring the candidates for Mayor for: Anne Marsden on the left, Jim Kerr, Marianne Meed Ward and Steve Reike

Jim Kerr said he would like to see the parking lot spaces in some of the malls used for housing. “We’re already doing that at the Appleby Mall” explained Meed Ward.

Everyone had comments on the appeals that were being made to the Ontario Land Tribunal – we learned that Meed Ward met with the provincial Attorney General to talk through some options that would lessen the impact of what Meed Ward called an unelected body that is preventing municipalities from doing the responsible planning she said they are quite capable of doing if given the opportunity.

Frequently the other candidates would say “as Marianne said” – she had become the source for the information they needed to make a case for electing them to office.

Marianne Meed Ward owned the room during the Chamber of Commerce Mayoralty candidate event. No one got anywhere near her in terms of setting out what was going to get done.

The Mayor knew what she wanted:  “Send me back to city hall” and when she gets there she will continue with the plans for Affordable Housing, admitting that the city cannot do this on their own – federal and provincial support will be needed.  She wants to see inclusionary zoning, easier said than done, and pointed out that there are applications in the pipeline that amount to 27,000 housing units.

Getting them through the pipeline is the challenge and then getting shovels in the ground when the building permits have been issued will not happen overnight..

The economy we are in and the tight money policies that surround everything these days does not mean that housing will sudden;y appear.

The developers control the rate at which housing is built – the risk is all theirs and they tend to be cautious people.

Well before the event was over it was clear that Marianne Meed Ward was the only candidate with the experience and sense of vision the city needs,

Don’t take that to mean that we would support Meed Ward were there a candidate who could do the job. Unfortunately – the next Mayor that will be sworn in sometime in December is going to be the Mayor we have now. That is not necessarily good news.

We will return to Meed Ward’s strengths and weaknesses at another time.

The purpose with this article is to look at what the other choices were: Steve Reike, a visionary, a big picture man, an idea person and an entrepreneur. And also a climate action man. He offered bromides. There was no plan.  His hope seemed to be that maybe Meed Ward will listen to him and aid him in his quest.

Walter Tuck took part in the Chamber of Commerce event but did not show up for the Roseland Community Organization event,

Walter Tuck, no signs, no literature to speak of, no web site. He does have a family pedigree that has his great grandfather, his grandfather and his father Serving the community; Tuck feels it was his turn to show up – reminding people that Tuck Public School was named after the family.

Anne Marsden has earned the right to present herself as a candidate; she has been a vigorous, direct, and at times too detailed a delegator for the comfort of many – but she is often right.

Unfortunately she is not listened to very often.

What we think can be expected of Marsden in this election is that she will put a dent in the plurality Meed Ward earned in 2018.

If Marsden lowers the Meed Ward plurality by more than 15% – she can say that she won the election.

Would a big dent in the Meed Ward plurality result in the setting of a new course for Meed Ward – only time will tell

Jim Kerr, the man who appeared out of nowhere, was for a short period of time, a bit of a hope for those who do not want to see Meed Ward returned to office.

If what we heard from Kerr at the Chamber of Commerce event is any indication what he would do as Mayor – it was a major disappointment.

There is no campaign phone number, there is a web site,  and there is a business card with a QR code on it.

Jim Kerr looked good on paper.

Jim Kerr is a candidate who isn’t all that interested in actually campaigning.

There is a campaign manager who kept saying they have yet to ramp up the campaign and that they can still win – with the election 20 days away.

When the Roseland Community Organization held a Q&A for the Mayoralty candidates it wasn’t much different – Walter Tuck didn’t show up and Jim Kerr added nothing to the very little he had said in the past.

Why he bothered to file nomination papers is something we will never know.

As the event was coming to a close I turned to the person on my right and said:” You’ve just heard from the next Mayor of Burlington.”

The other four candidates didn’t lay a glove on the lady.

Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.

Return to the Front page

Ward 6 Councillor Angelo Bentivegna takes a pass on being interviewed about his accomplishments during his first term of office.

By Denis Gibbons

October 16th, 2022

BURLINGTON, ON

 

Ward 6 Councillor Angelo Bentivegna was out campaigning when I contacted him for an interviewer.

I explained I was doing the story for both The Bay Observer and Burlington Gazette.

“Do you have to do it for the Burlington Gazette? ” he asked.

When I said “yes” Bentivegna politely declined.

Bentivegna began to ask questions during Council meetings once he found his bearings and was familiar with the issues on the agenda

“My website has all of my accomplishments,” he said.

Bentivegna said the reason he declined was something from the past he did not want to get into.

Gazette publisher Pepper Parr pointed out that “when people speak of transparency and accountability that usually means one responds to accredited media and defends the decisions they make.”

Parr said he is “unaware of “something from the past” that Bentivegna does not want to “get into” and welcomes a conversation with the ward 6 candidate” who is facing some pretty stiff competition from Rick Greenspoon.

Parr added: “To say that everything is on a candidate’s web site and that will have to do – is just not, by any measure, accountable or transparent.

“If that is the best Angelo Bentivegna can do – this should be his one and only term on Councillor” said Parr.

The Gazette will do a follow up on just what Bentivegna did during his first term of office.

Denis Gibbons, a former Editor of the Burlington Post, was was brought in specifically to do interviews of current Council members

Return to the Front page

Burlingtonians are voting despite some glitches at the online level and surprisingly high turnout at the Advance Polls

By Staff

October 16th, 2022

BURLINGTON, ON

 

The people of Burlington have begun to cast their ballots – both online and at the advance polling stations.

The Gazette is getting reports of problems with voting online and the surprising number of people who are taking advantage of the advance polls.

One reader reported a “usability” review/check performed on his vote and wondered if “the server been overwhelmed with users wishing to cast their votes? “

The problem seemed to be affecting a number of residents of different ages, and experience with computers and online services.

Voting at the Seniors’ Centre was brisk and went smoothly

Things were quite different at the Advance Polls. Reports from voting at the Seniors’ Centre had people lining up both inside and in the voting area.

The staff greeter mentioned that the line had been steady all morning and into the afternoon. One voter said it took a mere five minutes to get in to vote at 2:15 in the after. He thought that overall Advance Voting went pretty smoothly.

The Gazette has a reporter out on the streets interviewing people in each of the wards.

The city has yet to release any data on the number of people who have voted on line and what the turnout was at the Advance Poll locations.

Residents have heard what the City Clerk thought of the process and the provincial legislation he has to work with.

Kevin Arjoon, City Clerk is responsible for the operation of the municipal election.

Mr Arjoon has certainly chosen a novel way to express himself.

Online voting will be available until until October. 20 at https://evoteburlington.ca .

The Advance polls will be open again on:

Tuesday, Oct. 18, 10am-8pm

Vote at any one of the following locations.

Appleby Ice Centre, 1201 Appleby Line
Burlington Seniors’ Centre, 2285 New Street
Tansley Woods Community Centre. 1996 Itabashi Way

To vote, bring your Voter Information Letter and one piece of identification showing your name and address.

Acceptable identification includes:

Ontario Driver’s License
Ontario Health Card (if it includes your name and address)
Ontario Photo Card
Mortgage, lease or rental agreement
Insurance policy
Credit card statement
Bill for hydro, water, gas, telephone, internet

 

 

Return to the Front page

Advance Polls and Online Voting open today

By Staff

October 15th, 2022

BURLINGTON, ON

 

Advance Polls are open;

Saturday, Oct. 15, 11am-5pm
Tuesday, Oct. 18, 10am-8pm

Vote at any one of the following locations.

Appleby Ice Centre, 1201 Appleby Line
Burlington Seniors’ Centre, 2285 New Street
Tansley Woods Community Centre. 1996 Itabashi Way

To vote, bring your Voter Information Letter and one piece of identification showing your name and address.

Acceptable identification includes:

Ontario Driver’s License
Ontario Health Card (if it includes your name and address)
Ontario Photo Card
Mortgage, lease or rental agreement
Insurance policy
Credit card statement
Bill for hydro, water, gas, telephone, internet

You can register and vote online until October. 20 by going to https://evoteburlington.ca .

 

Return to the Front page

City hall explains why some people are getting duplicate voting letters

By Pepper Parr

October 14th, 2022

BURLINGTON, ON

 

City Clerk Kevin Arjoon posted a comment on Twitter that many thought was inappropriate for a City Clerk who is the Senior Administrative staff member who reports directly to the City Manager and now has the designation of a Director as well.

Arjoon appeared to be trying to explain why some people were getting multiple voting letters.

A tweet sent out by City Clerk Kevin Arjoon.

The Gazette received the following from Suzanne Vukosavljevic, who is part of the Communications group at city hall.

“It is possible voters may receive multiple voter Information letters for varying reasons. This is not unique to the Burlington municipal election unfortunately. All Ontario municipal clerks receive the voters list from the Municipal Property Assessment Corporation (MPAC).

All municipalities will be able to use the Elections Ontario List of Electors for the next municipal election in 2026. Enabling legislation has been passed in the Municipal Elections Act, and it comes into effect, as of January 1, 2023.

“Voters may receive extra voter information letters, if the duplicate entry form MPAC was not caught due to a combination of discrepancies.

If a resident receives multiple voter information letters, they should use the one that matches their identification when they go to their voting location. Voters are only allowed to vote once, even if they received extra voter information letters. Reminder to voters do not vote twice, it is an offence under the Act and it can be linked back to the individual.

“The City of Burlington’s City Clerk can have his team remove duplicates in the system wherever possible in the system. The Elections team is following up on all requests that come through to their office.

If a resident has any questions or are experiencing any issues, they can email election@burlington.ca. They can also call 905-335-7777 x8683 (VOTE) Monday to Friday between 8:45 a.m. and 8 p.m. from Oct. 11 to Oct. 20. This phone line is also available on Saturday, Oct. 15 from 9 a.m. to 6 p.m. and Sunday, Oct. 16 between noon and 5 p.m.

 

Return to the Front page

ADI site at Martha and Lakeshore has gone silent since Thanksgiving

By Staff

October 14th, 2022

BURLINGTON, ON

 

A call came in earlier today from a regular reader who lives close to the Martha Street – Lakeshore Road intersection – the site of the ADI Group Nautique development that has people in the area very upset with the noise and disruption.

Architects rendering of the Nautique, currently under construction at the intersection of Martha Street and Lakeshore Road.

The ADI Group was advised by the  Home Construction Regulatory Authority (HCRA), that a Notice was being issued that they were subject to a possible license revoction

The caller mentioned that there has been no work done since the Thanksgiving holiday – at that time there were some 30 construction workers hurriedly putting things away.

Since then nothing – which pleases the neighbours.

The following was published on Storeys, a news web site that publishes content about the construction/development industries.

The Home Construction Regulatory Authority (HCRA), confirmed today that ASI is appealing the regulatory action.

In a release dated September 12, Adi, which has operated as a builder in the Greater Toronto Area for 15 years, states an appeal was filed on Thursday, September 8, emphasizing their “disappointment” in what they say has been an abrupt and uncommunicative course of action from the provincial regulator.

“The process undertaken by the HCRA in issuing the Notice has been incredibly disappointing, cursory and arbitrary. Typically, a Regulator is required to exercise their statutory powers with fairness and openness to those under investigation,” said Adi President Tariq Adi, in an emailed statement to STOREYS.

“In our case, we were given no notice of the impending proposal, no understanding of the grounds or documentation for their allegations, and no opportunity to respond or clarify issues before HCRA made the decision to issue a Notice that contained very serious allegations and would have very serious consequences for Adi. Adi Developments’ reputational damage due to this lack of due process and hasty move by the HCRA has been severe.”

The ADI Group brothers Tariq and Saud

In an emailed response to STOREYS, the HCRA stated, “The Home Construction Regulatory Authority is committed to protecting consumers and providing resources to help Ontarians.

The HCRA had made it clear that bad actors in the industry will face severe consequences as a result of the measures introduced by the Ontario government.”

On August 25, the HCRA issued a Notice of Proposal to revoke the building licenses of the nine builder/developer entities operating under the Adi Development Umbrella Group, making an exception for three in-progress developments, including the Nautique, a 26-storey condo located on Burlington’s lakeshore.

The ADI site at Lakeshore and Martha in May of 2021.

Under grounds for the proposal, the HCRA alleges that, after selling units in the Nautique between 2015 – 2020, Adi then sought to cancel existing purchase agreements, citing financing issues. The builder then allegedly failed to return consumer deposits, falsified documentation provided to the HCRA, and demonstrated they were relisting the units for a higher purchase price while refusing to issue deposit refunds until a unit was resold.

As a result, “Adi Development Group has demonstrated, through the conduct of its related entities and interested persons, that its corporations should not be licenced builders or vendors under the NHCLA,” states the regulator’s filing.

Revocation or refusal to renew a licence are the most severe consequences for a builder/vendor. Revoking a licence prevents a developer from legally operating in the new home construction sector. Should a builder continue to illegally operate without a licence, the regulator can take additional enforcement steps such as

Compliance Orders;
Restraining Orders;
Freeze Orders; and
Provincial Offences Act charges

In a statement regarding their appeal, Adi refutes the allegations. “The suggestion that Adi acted unethically or that it provided incomplete or false information to the HCRA as part of this process is ludicrous as well as defamatory,” states the release.

They go on to say the HCRA’s proposal was actually spurred by steps taken by the builder to “ensure the ongoing success and completion of their 26-storey condominium Lakeshore project,” citing increased project costs due to the pandemic and “inflationary pressures”. According to Adi, the cost to build has ballooned to $43M, a 35% increase from the original budget.

“Adi was forced to seek additional financing and to cancel purchase agreements in order to secure the new financing,” states the release.

Construction crane being put in place

Adi says it consulted with the HCRA in regards to the situation, and that cancelled purchase agreements were done so lawfully and within the contractual terms and regulations set out by Tarion, as they gave purchasers “alternative options.” The builder refutes the allegations made by the HCRA that original purchasers who agreed to forfeit their purchase would only receive a deposit refund once the unit had been resold and a new deposit obtained.

“At no point did Adi tie the return of deposits to the resale of the units, as HCRA alleged. It shocked Adi that this proposal was the path taken by HCRA in respect of the Lakeshore development without prior notice or discussion and that it included eight other unrelated projects within the Adi group of companies in the regulatory net,” reads their release.

As well, writes the builder, “In a demonstration of good faith and in order to mitigate the impact on purchasers,” it offered former purchasers who were not interested in a new purchase agreement an additional 6% interest on their deposits. Adi also says that for the “majority of purchase agreement holders who did wish to move forward,” they were offered to repurchase their units at 20% below market prices, and were also given $10,000 in “décor dollars” as an incentive.

The builder says they have been working with Lakeshore purchasers on their deposit returns, including interest, claiming that as of September 7, 85% have been returned, totalling more than $9M.

“We have cooperated fully with the HCRA up to this point and remain willing and hopeful that despite the appeal we can reach an expedited resolution on all issues with the HCRA so that we can complete the Lakeshore and other projects,” states Tariq. “Many builders out there require guidance from HCRA in order to get through this, not to have their licences pulled. We feel we have been unfairly singled out.”

Adi’s case will now go to the Licence Appeal Tribunal (LAT) for a case conference to reach a resolution, with a hearing to be held if one isn’t reached. If the LAT decision upholds the HCRA’s decision and the licensee does not appeal the decision in Division Court, then the licence is revoked.

Return to the Front page