Just when we thought six points doing was great!

Ontario budget cancels $181-million Toronto West Courthouse seen as 'catalyst' for Westwood Theatre lands, Six Points area redevelopment

"(It's) going to affect our ability to find purchasers. It might affect the price we get for it." - Area Councillor Peter Milczyn on the Liberals' cancellation of the Toronto West Courthouse

The Ontario government's no new taxes, no program slashes post-recession pre-election budget carved its deepest cut in Etobicoke with cancellation of construction on the $181-million Toronto West Courthouse.

Approved by both the province and Toronto council, the courthouse had been seen as the ignition of a broader revitalization plan for the vacant, city-owned Westwood Theatre Lands at Bloor Street West and Kipling Avenue.

The Liberals' pullout from the deal means it won't be paying upfront infrastructure costs and site servicing on one-third of the six-hectare property. Also lost is the province-paid first phase of the Six Points reconfiguration of Dundas Street West.

Both will now be funded by the City of Toronto through the sale of the land.

"It's disappointing because it's another delay," area Councillor Peter Milczyn said Wednesday.

The dead deal likely means what will be built in its stead will be the full density permitted under the zoning bylaw, Milczyn forecasted.

"The courthouse is an institutional use that would have lent some balance to the development in the area," Milczyn said. "Now when we got out to the market, no doubt we'll get full density put on the property. Rather than a 10-storey courthouse, the bylaw permits 25- to 30-storey buildings. I wouldn't be surprised if that's what we see on that portion of the site."

Milczyn has long argued for mixed-use development on the lands, rather than strictly condominium builds.

"It's going to be harder to go out to the marketplace and say, 'we want office and major retail and condo.' The easiest thing for the marketplace to do is give us condos," Milczyn said. "That's going to affect our ability to find purchasers. It might affect the price we get for it. But the goal remains a true, mixed-use development."

Milczyn said he remains committed to seeing both an office component, as well as major retail, perhaps a sorely needed neighbourhood grocery store on the site in addition to the potential residential development that now seems certain.

Meanwhile, the YMCA of Greater Toronto remains in talks with the city to purchase a 0.8-hectare parcel of the property that fronts onto Kipling Avenue, Milczyn said.

Build Toronto will now shop the cancelled courthouse land and the remaining four-hectares on the site to potential developers.

"Certainly, we're exerting a lot of pressure on Build Toronto to start selling real estate and generating revenue for the city. This is one of the key sites," Milczyn said.

David Pylyp My previous interview with Peter Milczyn discussed the potential of the province not coming through with the court house that would have helped with a) local employment during and after construction b) inbound population of workers for economic stimulation c) a much needed court house for the city.

During our conversation Peter had these comments about the Michael Power and Six Points community;

Why not add your thoughts and comments?

An Open Invitation from Gerard Kennedy

Your help ending attacks on people living with mental illness

Parkdale is one of the most accepting places anywhere in Canada for persons living with mental illness. It is home to many innovative people and programs which work hard to ensure people have genuine respect and dignity in their lives.

As you may have seen in the media, there has recently been a series of sickening attacks on people living with mental illness in the area that stand completely outside of the general attitude in our community. Yesterday, George Wass, one of those attacked, died and it is being determined whether it was the result of his injuries of a few days earlier.

I am writing to you for three reasons.

The first is that the police at 11 Division are appealing for help. If you have seen or heard anything that might be related to these events you please contact the investigating officer Detective John Thibodeau directly at (416)808-1136 or at 11 Division’s general number (416) 808-1100. Anyone with information can also anonymously contact CrimeStoppers at 416-322-TIPS (8477).

Secondly, for local residents (only) there will be a public meeting Wednesday, March 23 at 1:30 pm, hosted by the Community Crisis Response Network at the Parkdale Activity and Recreation Centre (PARC) at 1499 Queen Street West to discuss the attacks.

Finally, this sad occurrence makes it even more important that we convey support to our friends and neighbours living with mental illness. Currently I am working with the community to make the riding of Parkdale-High Park Canada’s first “mental health stigma free zone”. I hope you will consider taking the acceptance pledge at the core of that program. It can be read here:

http://www.gerardkennedy.ca/wp-content/uploads/2011/03/Mental-Health-Pledge-Card.pdf

Please circulate this appeal to anyone else in the area you think may be interested. Let’s work together to not only ensure the safety of all our residents but counter violence the only way it can be: with firm, unwavering community resolve.

Many thanks,

Gerard Kennedy [gerard@gerardkennedy.ca]

March 26th update

Dear David,

Recently I sent you a message about the recent attacks on people living with mental illness in our community in PHP. I have been very impressed by the positive and determined reactions. In addition, an area resident has come up with a tremendously effective video that I want to share with you. Please watch it and share it with your own networks.

Thanks for your help in helping keep our community safe for everyone in it.

Gerard Kennedy, MP

This is why you want a Wise Lawyer - Mississauga

Builder, purchasers fight over increase in closing charges

A Toronto-area builder has filed a notice of appeal after losing two small claims court cases to new condominium buyers who sued to recover thousands of dollars in “unreal” closing charges.

The successful plaintiffs were among as many as 244 purchasers in the Rouge Residences project at 57 Upper Duke Cr., in Markham.

The builder’s agreement of purchase and sale contained a price adjustment clause typical of those used by local builders.

It provided that in the event of an increase in any existing municipal levies or development charges after the document was signed, “the purchaser shall pay the increase . . . as an adjustment” on closing.

Just after the purchase agreements were signed in the fall of 2006, the developer, a subsidiary of Remington Homes, decided to prepay to the Town of Markham more than $4 million in development charges at the then-current rates. By prepaying the charges, the developer was able to ensure that it would not have to pay any increases which might be imposed before the condominiums were completed.

Toronto lawyer Stephen Shub represented a number of purchasers in the Markham project. He told me that on closing, his clients were shocked to see that they were being charged between $7,680 and $11,283 for increases in existing levies.

Shub discovered that the builder had not actually paid the increased amounts set out in the schedule. Prior to closing, the town had imposed thousands of dollars in higher levies, but the builder was exempt because the increases were not retroactive.

Shub’s clients took the position that the builder had no right to charge purchasers for levies it had neither incurred nor paid. The disputed clause in the agreement, he said, “can only apply to monies paid by the builder to the Town of Markham and not to monies never paid by the builder.”

Despite Shub’s objections, the builder insisted it was entitled to recover levy increases that had been implemented by Markham but that it had not been required to pay.

Chris Rose sued Rouge Residences for $7,487.48, and Voula and Slave Sterjovski claimed $11,037.48 in their court case.

The cases were tried together before deputy judge Morris Winer in January. In his oral decision, Winer discussed the wording of the agreements of purchase and sale, and the fact that the builder prepaid the development charges.

“In my view,” the judge said in his decision, “what is collectively referred to as ‘the existing levy’ never increased. Indeed it appears to me there never was a levy. . . . The charges that the defendant is seeking to impose on the plaintiff are hypothetical because there never were any of these levies.

“The rates did increase after the agreements were signed. But these were rates; they weren’t actual levies of taxes. They were never, as the clause provides, imposed on the defendants. The whole clause is somewhat ambiguous and I adopt a(n) . . . interpretation that I believe makes sense and is fair and just.”

Winer awarded the Sterjovskis $11,037.48 plus costs, interest, a preparation fee of $100 and attendance fee of $500. He awarded Chris Rose $7,487.48 plus costs, interest, a $100 preparation fee, and $400 for an attendance fee.

Richard Tripodi, Remington Homes’ highrise vice president, declined to comment on the case while it is before the courts.

In its notices of appeal, Rouge Residences cites what it claims are a dozen errors made by the trial judge. A date for hearing of the appeal in the Divisional Court has not yet been set.

If the trial decisions are upheld on appeal, the Sterjovski and Rose cases may just be the first two in as many as 242 other cases of purchasers who would like refunds of the charges paid to the builder. Toronto lawyer Michael Carlson is representing Sterjovski and Rose on the appeals, and is also coordinating a class action against the developer.

In the wake of the claims made in this case, and my column about it in November, 2009, the Ontario government passed a regulation effective Jan. 1, 2011, which prevents builders from charging purchasers for extra charges they did not incur.

****

LINK TO THE Court endorsement in the case of Sterjovski v. Rouge Residences

Bob Aaron is a Toronto real estate lawyer. He can be reached by email at bob@aaron.ca, phone 416-364-9366 or fax 416-364-3818.
Visit the Toronto Star column archives at http://www.aaron.ca/columns for articles on this and other topics or his main webpage at www.aaron.ca.

David Pylyp Accredited Senior Agent This is the perfect time to discuss the 10 day period of Rescission. This is the 10 day period where you have your lawyer examine the contract in detail to find the clever phrases that can alter or obscure the meaning of who pays what expenses on closing some 3 or 4 years down the road. An excellent point is made to contact a Wise Lawyer. I know a few.

Go Ahead Raise the Rent!

Landlord and Tenant Issues

Did you know that if a building in Ontario was built after November 1, 1991, then rent review does not apply. What this means is that if you own a condominium, home or apartment building that was built after this date, then once the first year of the lease is over, you can raise the rent as much as you want, as long as you find a tenant willing to pay it. This is just one of the issues that I will cover in my new course on residential tenancies.

I am attaching recent columns about landlord and tenant issues that I have written in the Toronto Star and which all will be covered in more detail in my new course. Let me know what you think and if you have any questions, please send them along.

• Why rent increase rules may be an election issue

March 11, 2011

Parkdale-High MPP Cheri DiNovo wants to make changes to the way residential rents can be increased.

• Should tenants pay for utilities separately?

February 25, 2011

One of the big choices when it comes to looking for an apartment is whether to rent with utilities included or to pay separately.

• Is it the tenant's job to shovel snow?

February 18, 2011

A tenant who agreed to shovel her own snow, slipped and fell and sued the landlord. Does she have a case?

• The ins and outs of subletting

February 12, 2011

The rules around subletting your apartment are fairly clear. It pays to know them.

• Why you can't ask tenants if they plan to have kids

February 7, 2011

Most landlords get along with their tenants, but there is always the tenant from hell. What can you do? to protect yourself?

• Why no-smoking rental clauses are a problem

January 29, 2011

Even if a tenant signs a no-smoking lease, and they later smoke, you cannot evict them just because they broke their promise.

• Why a no-pet rental clause is unenforceable

January 21, 2011

Many landlords put no-pets clauses in their leases. In the first of a Moneyville series for landlords and tenants we look at this contentious issue.

About Mark Weislander Mark is a lawyer, author, course developer, instructor and keynote speaker for the real estate industry. Please contact me personally if you have any questions or issues that you would like to discuss. My weekly articles are now published on the Toronto Star Moneyville website at www.moneyville.ca. I am very pleased to advise that 2 of the stories that I wrote in 2010 were voted as the number 1 and number 5 stories of the year. I am pleased to attach the article as well as the 2 stories. You can see all of my articles by just clicking Star Columns on my website www.markweisleder.com. Remember, if you would like to use any of my articles in your own email newsletters, just send me an email request.

David Pylyp Accredited Senior Agent. There you have it Definitive answers on a number of pressing tenancy issues; Most useful to me is the residential limits imposed by the Landlord Tenant Act, that are providing 1% increases while hydro and insurance are taking 20%. Justify your increases and raise the rents! HST has been added and that alone impacts the rents.

Bikes Bikes Bikes Invade Ford Nation

You need to read this carefully

Bixi bike-sharing program ready to roll in Toronto

They will come in basic black like those in London, England. Starting May 3, Torontonians can expect to see 1,000 Bixi bikes cruising all over downtown.

That’s when the long-awaited bike sharing program, already available in Montreal, Washington and Minneapolis — and also launching this spring in Ottawa — rolls out here, with 1,500 docking stations and 80 bike stations.

Designed for tourists and residents, the program gives cyclists the option of 24-hour passes or annual memberships, which allow users to grab a bike and park it at the station nearest their destination. Trips under 30 minutes are free. After that, a user fee applies.

Locations for the Bixi stations are expected to be announced in April.

About 1,200 of the $95 annual memberships have already been sold.

While demonstration bikes shown in Toronto in recent months were blue, in the end the city and the program supplier, Public Bike System Company, decided to go with classic black, said Daniel Egan, Toronto’s manager of Pedestrian and Cycling Infrastructure.

ING Direct signed on as a major sponsor last year and other corporate sponsors will be announced in April. Last fall, the city was short about $150,000 for the $600,000 it needed in sponsorships to bring Bixi here.

For people who don’t want to cycle to work, Bixi will provide the option of hopping on a bike to go to lunch or a meeting, said Councillor Denzil Minnan-Wong, who chairs Toronto’s public works and infrastructure committee.

Minnan-Wong also said he’s getting “positive signals” from residents and council colleagues to the idea of creating physically separated bike lanes in Toronto.

The Montreal program had 11,000 members within its first six months of operation. Last year there were 5,000 silver Bixi bikes on the streets there.

Lets read that line again

Minnan-Wong also said he’s getting “positive signals” from residents and council colleagues to the idea of creating physically separated bike lanes in Toronto.

More Bicycle Lanes? Traffic is grid locked already and you want to help 1200 bicycle riders? What about the 400,000 car driving tax payers that pay for parking and lunch and work?

Bikes Bikes Bikes Invade Ford Nation

You need to read this carefully

Bixi bike-sharing program ready to roll in Toronto

They will come in basic black like those in London, England. Starting May 3, Torontonians can expect to see 1,000 Bixi bikes cruising all over downtown.

That’s when the long-awaited bike sharing program, already available in Montreal, Washington and Minneapolis — and also launching this spring in Ottawa — rolls out here, with 1,500 docking stations and 80 bike stations.

Designed for tourists and residents, the program gives cyclists the option of 24-hour passes or annual memberships, which allow users to grab a bike and park it at the station nearest their destination. Trips under 30 minutes are free. After that, a user fee applies.

Locations for the Bixi stations are expected to be announced in April.

About 1,200 of the $95 annual memberships have already been sold.

While demonstration bikes shown in Toronto in recent months were blue, in the end the city and the program supplier, Public Bike System Company, decided to go with classic black, said Daniel Egan, Toronto’s manager of Pedestrian and Cycling Infrastructure.

ING Direct signed on as a major sponsor last year and other corporate sponsors will be announced in April. Last fall, the city was short about $150,000 for the $600,000 it needed in sponsorships to bring Bixi here.

For people who don’t want to cycle to work, Bixi will provide the option of hopping on a bike to go to lunch or a meeting, said Councillor Denzil Minnan-Wong, who chairs Toronto’s public works and infrastructure committee.

Minnan-Wong also said he’s getting “positive signals” from residents and council colleagues to the idea of creating physically separated bike lanes in Toronto.

The Montreal program had 11,000 members within its first six months of operation. Last year there were 5,000 silver Bixi bikes on the streets there.

Lets read that line again

Minnan-Wong also said he’s getting “positive signals” from residents and council colleagues to the idea of creating physically separated bike lanes in Toronto.

More Bicycle Lanes? Traffic is grid locked already and you want to help 1200 bicycle riders? What about the 400,000 car driving tax payers that pay for parking and lunch and work?

Senior Accredited Agent or Transition Manager

You may be dealing with your Mom or Dad's house or estate. Maybe you have moved out of province, You might be the estate trustee or executor. We can provide you transition management services as an accredited Senior agent.

This may be to secure the property, have the locks changed, and inventory the contents, evaluations and appraisals prior to distribution; Maybe there is art, antiques, silver or collectibles to deal with.

These issues need to be handled with a little sensitivity and Tact, especially between remaining greiving family members. One person needs to be appointed as the responsible party or to have family lawyer give instructions,

5 people giving instructions is management by committee and we know that is challenging.

So if you are dealing with a Seniors issue for home care. I can provide resources to your for in home visitation and nursing referrals or maybe placement to a live in retirememt community. It could be a cash flow issue where you have a house worth hundreds of thousands but the taxes and operating expenses are eating your savings and pensions. We could consider a H E L O C or even the CHIP Home income plan,

Remember I am vested to make the best descision Not to advice you to sell immediately. As an accredited Senior agent We can help with your estate planning future needs. Give me a call for Toronto Etobicoke to Oakville. David Pylyp 647 218 2414