John Dunlap, the former Southlake Board member and land agent, is revealed as the mystery landowner who offered his own land at Bathurst and Davis Drive West as the site of a new acute hospital. 

The site lies in the Greenbelt’s protected countryside in King Municipality. 

Confirmation came from King Township last week following my appeal to the Information and Privacy Commissioner.

In a letter to King Mayor Steve Pellegrini on 20 July 2020 Dunlap wrote: 

“Further to our discussion, my family would be interested in donating land to create a new site for Southlake Regional Hospital. Our family has supported Southlake for three generations and we want to see it continue to grow and meet the needs of King Township and the regions beyond.

Our corner property is at the northwest corner of Davis Drive west and Bathurst Street. Our property is approximately 108 acres which could meet the needs for Southlake and related medical services. The site is 4 kilometres west of Southlake Regional Hospital and the property is 7km east of Highway 400 and 7kms west of Highway 404.”

Why is this significant? 

It means that John Dunlap and Michael Rice both offered land to Southlake for a new hospital. Dunlap’s 108 acres was more than enough for a new hospital and its location ticked all the boxes. 

Dunlap had a close professional relationship with Rice. Dunlap acted as the land agent who facilitated the sale of 2.78 sq kms of protected countryside from Bob Schickedanz, the former President of the Ontario Home Builders Association, to Rice on 15 September 2022. Dunlap came off the Southlake Board on 22 September 2022 after a four-year stint.

It is inconceivable that Dunlap was unaware of Rice's overtures to Southlake. Or are we expected to believe that each acted independently of the other? 

If that seems fanciful - and they instead acted in concert - then the question arises: what was the nature of the understanding they had?

There is no evidence that I have seen which indicates that Dunlap withdrew his offer of land for a second Southlake. But Michael Rice's schematic shown to the meeting on 1 November 2022 clearly shows the Southlake logo straddling the lands owned by Dunlap and Rice. (see graphic right)

The Go-between

King Mayor, Steve Pellegrini, was the go-between, teeing things up and bringing Michael Rice to the table. Since at least July 2020 Pellegrini had been aware of Dunlap's offer of land. 

In February this year Pellegrini told the King Sentinel:

“I have been moving this idea forward since 2019 – on different lands, with different landowners.” 

On 1 November 2022, at the now famous meeting at King Municipal Centre, Rice offered some of his newly purchased land to Southlake for a new hospital. The land was to be gifted for a peppercorn.

But, scandalously, there is no note of what was discussed nor what was decided other than the offer of land. 

Everyone present at the meeting – Mayor Steve Pellegrini, Southlake Chief Executive Arden Krystal, Southlake’s VP for Capital Facilities John Marshman, Michael Rice and his policy chief John McGovern – would have known about Dunlap’s offer. 

Viable Option

The Integrity Commissioner noted in his report of 30 August 2023 at paragraph 288:

“… the Mayor explained that other lands in the vicinity (of the Bathurst site) had already been discussed as a possible hospital site and that if Mr Rice contributed land from his recently purchased property, he believed it would potentially be a viable option for the hospital and a significant benefit for King Township.”

Pellegrini and Arden Krystal would get a new hospital. Rice believed he would be able to develop – at least in part – his newly acquired lands at Bathurst for a long-term care home and ancillary medical facilities. And, presumably, Rice and Dunlap would get a donation receipt from Southlake which would allow them to offset against tax the value of their gifted land. And the rest of us would lose precious, irreplaceable protected countryside.

Awesome

On 7 November 2022, Pellegrini moved a Council motion celebrating Rice’s offer of land for a new hospital. Earlier that day, Krystal emailed Pellegrini saying the offer of land was “truly exciting”.  She suggested changes to the text of Pellegrini’s motion “to make it less controversial” and when he agreed she told him that was “awesome”.

It has always perplexed me that Southlake’s Chief Executive never made a file note or generated any emails about that hugely consequential gift of land on 1 November 2022. 

On 27 November 2023 she explained it this way: 

“During the November 1, 2022 meeting, discussions remained hypothetical and high-level with no commitment to action. It was merely a discussion of potential opportunities since the land in question was in the Greenbelt and, therefore, unavailable in its current state. Even if the land had been available, we were not in a position to provide meaningful commitment as Southlake had not even convened its formal strategic process for redevelopment.

After that meeting, I had an informal discussion about the potential opportunity with our VP of Capital and Facilities, John Marshman. Notes were not generated from this discussion, given its casual nature. I reserved the opportunity for formal discussion and accurate note-taking to the more appropriate forum, which would be the formal evaluations required for any upcoming Land Acquisition selection process.”

She went on to say she had diligently shared all records related to the November 1, 2022 meeting and provided context. She said:

“I have exhausted all disclosure and have no further details.”

Follow-up meeting

Despite this ringing declaration, and after almost a year of probing, on 21 December 2023 I learned from a bundle of newly released answers to Freedom of Information requests - filed with Southlake many months ago - that a “Follow-up” to the 1 November 2022 meeting was held on 19 December 2022 involving Mayor Steve Pellegrini and Southlake people. This was news to me. I have now asked for all records of that meeting.

And what exactly were they following up? Is there an agenda? Minutes? Or is this another phantom meeting where no notes were taken?

We know that less than four weeks later - on 16 January 2023 - there was a Southlake meeting to discuss “site selection” – specifically looking at the “Bathurst-Davis Drive Opportunity”. The agenda included reference to “LTC fit” which I take to mean “long term care” and an MZO (Minister’s Zoning Order). These agenda items most likely came from the discussions on 1 November 2022.

So, where does this leave us?

We still don’t have a site plan or sketch showing the location of the hospital complex and any ancillary medical facilities. We still don’t know where the long-term care facility – if there is one – was to be located. This information from Southlake’s Capital Projects records has been withheld by the hospital chiefs. (Click "read more" below)

But, most importantly, we do not know the nature of the understanding between John Dunlap and Michael Rice that allowed them both to offer land for a second Southlake in the protected Greenbelt.

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Update on 24 December 2023: From the Newmarket Era: Newsmakers 2023: Newmarket Hospital President, Arden Krystal, retires amid Successes and Challenges

Click "read more" for sight of documents withheld by Southlake. 

Canada’s Freedom of Information laws are not fit for purpose.

The Globe and Mail’s “Secret Canada” series shows how difficult it is to get information from the Government and from public bodies. 

Their conclusions chime with my own experience.

For the past year I have been searching for the answers to the Greenbelt Scandal in the municipality of King, next door to where I live in Newmarket. I am interested in the story of how prime agricultural land in the protected countryside in the Greenbelt came to be opened-up for development. Some people were in line to make millions of dollars - until Doug Ford did his U-turn. We still don’t know the full story and await the outcome of the RCMP investigation.

Endless delay

I’ve filed countless Freedom of Information requests with King and with Southlake Hospital and with the Ministry of Municipal Affairs and Housing and hit road blocks at every turn. Endless delays. Staggering costs. Hoping I just go away.

I have been told no records exist when they do. Yet there are no consequences for those who dissemble and who knowingly give false information. There have been unconscionable delays with every request strung out for as long as possible before I get an answer. 

Public institutions such as municipalities and hospitals are obliged to keep records. But, too often, they pay lip service to this legal requirement. 

And the costs of getting information can be significant. It all adds up.

"Expedite development" 

On 7 November 2022 King’s Mayor, Steve Pellegrini moved a motion at Committee supporting the location of a new Southlake on Greenbelt lands gifted by the developer Michael Rice. The motion directed staff: 

“to work with the landowner, Province, and Southlake Regional Health Centre to expedite development approvals for these lands” 

But when I asked King to show me how staff implemented this direction from Council I was told this information would cost me $1,035.

After some toing-and-froing with the Township I narrowed down my request to save money. Under the terms of the Municipal Freedom of Information and Protection of Privacy Act 1990 I only wanted “exempted information” (ie information they couldn’t withhold because, for example, it was already in the public domain.) But I was told this exempted information was mixed in with other protected information that would not be released. 

The Township’s Clerk, Denny Timm, told me:

 I understand you wanted to narrow your request by excluding responsive records where sections 9, 10, 11 and 12 would apply and for those parts of section 7 other than the exceptions. In reviewing the responsive records, all records that have section 7 applied to them also have other exemptions applied to them, such as section 12 or section 11, and therefore would still be exempted from disclosure.

I am unsure how you want to proceed at this stage knowing this. Please give some consideration to this and let me know.

Clearly, all this material would have to be reviewed by King staff and much of it would blacked-out. In these circumstances do I still want to go ahead and spend $1,035 and, perhaps, be none the wiser? Probably not.

Shared Vision

When I asked the Ministry of Municipal Affairs and Housing for sight of records relating to the draft agreement between the Provincial Land and Development Facilitator and Michael Rice, the owner of the Bathurst lands, I was told it would cost $482 and would likely be heavily redacted as the request involved the interests of a third party (ie the landowner).

The Integrity Commissioner’s report on Steve Clark refers to the work of the Provincial Land Development Facilitator:

[255] The Provincial Land Development Facilitator, Paula Dill, advised that she was given a mandate by Minister Clark to facilitate discussions on the 15 sites that were removed or redesignated “to achieve development agreements that would accommodate a shared vision for attaining the government objectives on these sites.”

[256] As of August 7, 2023, Ms Dill advised me that no final agreements have been reached but she has reached agreements in principle or draft agreements with respect to eight of the 15 areas removed or redesignated, namely: King Township, Minotar, Block 41, Leslie Elgin, Cline Road, 502 Winston Road, Nash Road, and Barton Street.

What was this shared vision between the Provincial Government and Michael Rice relating to the Greenbelt lands at Bathurst? I doubt we shall ever know. But whyever not? Surely the public interest demands disclosure.

Mystery landowner

I have several long-running appeals to the Information and Privacy Commissioner who shortly may order the release of some key information, allowing me to join up squillions of dots. I hope to learn by 21 December 2023 the name of Mayor Pellegrini’s mystery landowner who offered land in King for a new Southlake. And perhaps, at long last, I shall learn the name of the Southlake Board member who declared a conflict of interest to the Board meeting on 22 September 2022.

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Click "read more" below for relevant sections of the Municipal Freedom of Information and Protection of Privacy act 1990

Yesterday’s big news is, actually, very old news. (Photo: Doug Ford yesterday). 

Our bumbling Premier, the hapless Doug Ford, is finally going to deliver on his stale 2018 promise to (sort of) open-up the beer market to greater retail competition in…. 2026. 

The policy was initially celebrated with great fanfare by Ford’s enablers. On 7 August 2018, former PC Health Minister, Newmarket-Aurora MPP and now health lobbyist, Christine Elliott, told the Ontario legislature:

“Buck-a-beer is part of the government’s commitment to transforming alcohol retailing in Ontario, which includes expanding the sale of beer and wine to convenience stores, grocery stores and big box stores. This is just further evidence that our government is going to do what we said we would do, and that’s put Ontario consumers first.”

The Beer Store Bill barrelled through the Legislature with no Committee stage. No thought had been given to the consequences of Ontario breaking its contract with the Beer Store owners. 

Spur-of-the-moment

But this casual disregard for proper process was an early indication of how Ford would govern. Cack-handed and spur-of-the-moment decision making.

In 2019, after months trying, I got an appointment to meet Elliott at her constituency office in the Nature’s Emporium plaza in Newmarket.

Dawn Gallagher Murphy - who was appointed by Ford as PC candidate to replace Elliott  – sat in on the meeting, taking notes. Gallagher Murphy asked me to let her know beforehand what I wanted to talk about. It soon became clear to me that I knew more about the issue than they did.

I wanted to know what, if anything, would stop the Beer Store owners going to Court for breach of contract? And if the Province negotiated with the Beer Store owners and settled out of Court, what would that settlement look like?

I remember the blank faces.

I saved a few minutes to talk about the subversion of Parliamentary process and procedure. The story is rich with irony. 

Choking off debate

The disgraced former Municipal Affairs and Housing Minister, Steve Clark, used to complain about the way in which the (then) Liberal Government was constantly trying to curtail debate. On 28 May 2015 he fumed:

“Time after time, we’ve had negotiations where all of a sudden the government stops talking to us and presents bills that will either choke off debate or move bills through quickly without hearing from constituents.”

There is now a very long list of consequential Bills that reached the Statute Book with absolutely no public input whatsoever. 

Does that concern Newmarket-Aurora’s Dawn Gallagher-Murphy?

I doubt she has given any thought to it. 

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See also Toronto Star editorial 15 December 2023.

Another screeching U-turn from the Ford Government as Municipal Affairs and Housing Minister Paul Calandra abandons plans to dissolve Peel Region. 

In a news release earlier today Calandra talks about "recalibrating" the mandate of the Peel Region Transition Board to focus on local government efficiency and responsiveness instead of dissolution.

The Government forged ahead with plans to break up Peel without considering the costs of a huge municipal reorganisation. And the Bill was rushed through the Legislature with no opportunity for the public and experts to comment. This is the result.

Calandra says:

“While we originally thought that the best way to achieve our goals of better services and lower taxes was through dissolution, we’ve since heard loud and clear from municipal leaders and stakeholders that full dissolution would lead to significant tax hikes and disruption to critical services the people of Peel Region depend on. This is something our government will never support.

Oh dear! The Government is becoming a laughing stock. One step forward. Two steps back.

I am left wondering how much this pointless exercise cost the taxpayers.

The new Liberal Leader Bonnie Crombie, the Mayor of Mississagua, will be spitting feathers. 

Too bad. She was always on the wrong side of the argument.

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Update on 13 December 2023: From Newmarket Today: Audit of Newmarket among Ford Government walk-backs

 

The Newmarket-Aurora Conservatives have chosen their candidate for the next Federal election, Sandra Cobena

I know very little about Sandra Cobena but that will change. 

She says she believes in “fiscal sanity, social stability and moral clarity”.

I’d like a few more specifics. Especially that bit about "moral clarity".

Waiting on the sidelines

Her video says “waiting on the sidelines is no longer an option”.

I’ve just googled Sandra but there’s not a lot there. A bit like Dawn Gallagher Murphy. No footprints in the sand. No articles in the press. No letters to the editor. But maybe they’ll surface. I hope so.

Cobena, a senior manager in commercial credit at TD, defeated Harold Kim for the nomination. Harold – like so many Conservative candidates – boycotted the local election debates when he was the candidate last time round, so, for that reason if for no other, I’m glad’s he’s gone.

I’d be very surprised if the sitting Liberal MP, 73 year old Tony Van Bynen, seeks another term. 

Cruising into retirement

The middle-of-the-road Tony Van Bland is gently cruising into his third retirement.

The Prime Minister could always rely on his support and his vote in the Commons.

Since his election in 2019 Van Bland hasn’t put a foot out of line.

Well, except once. A few weeks ago he joined 33 other Liberal MPs in urging a ceasefire in Gaza.

Since then, he’s gone quiet again. 

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Update on 13 December 2023: From Newmarket Today