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Globe and Mail

Opponents of Bloor makeover 'mudslinging,' city says

JEFF GRAY
October 17, 2008

A group of retailers along Bloor Street led by china shop William Ashley has launched what one city official called a "mudslinging" campaign in their fight against a $25-million plan to remake the posh downtown shopping strip with wider, granite sidewalks.

The group, called Concerned About Bloor, alleged in an e-mailed press release that the local business improvement area groups paying $20-million toward the Bloor project are plagued by "serious irregularities," including the granting of tens of thousands of dollars in contracts to two volunteer board members, lobbyist Doug Jure and real-estate broker Bob Saunderson.

Clayton Ruby, the high-profile lawyer hired by William Ashley to fight the Bloor Street project in court, argues the contracts, which totalled more than $100,000, broke the BIA's own rules: "What these guys did is ignored the language of the constitution that governs the BIA."

Mr. Jure, chairman of the Bloor-Yorkville Business Improvement Area, called the accusation "outrageous." He said that his $3,000-a-month contract to act as "government affairs consultant" for the BIA to seek funding for the project, among other things, does not break any rules and that he recused himself when the board made the decision.

He has had the contract since 2002, but was paid $2,000 a month until last year.

On the BIA's board, Mr. Jure also represents, but does not work for, the Devon Group, a Yorkville-area PR firm also hired by the BIA last year, in a decision from which he also recused himself, but that was also highlighted by Concerned About Bloor.

"You can appreciate how awkward it is that we have a major retailer behaving in this manner," Mr. Jure said, referring to William Ashley's campaign against the project, which he said now has nowhere near the 50 dissenting retailers the group originally claimed.

Mr. Saunderson said he was paid $3,000-a-month for an 11-month period from 2005 to 2006 to work two days a week selling the project to local businesses.

But he also recused himself from the vote on his contract.

He said he would be seeking legal advice: "It's actually, I think, libellous ... I wouldn't rule [a libel suit] out. This is disgusting."

Mike Major, the city official in charge of overseeing the city's business improvement areas, said no city rules were broken: "It's all mudslinging at this point."

Concerned About Bloor, which has hired the communications and lobbying firm Navigator Ltd., sent the press release to The Globe and Mail on Wednesday, saying that members of the BIAs would raise the issues at a joint annual meeting of the two organizations that night at the Royal Ontario Museum.

But according to Briar de Lange, the general manager of the Bloor-Yorkville BIA, and Mr. Jure, William Ashley representatives did not raise any concerns.

Mr. Jure did make a presentation about his contract at the meeting, however.

Last week, Mr. Ruby argued in Divisional Court that the city failed to conduct a proper environmental assessment for the project. He urged a panel of three judges to stop the project - already under construction - to allow for an economic impact study and more public consultations.

The court reserved its decision.
 
The court reserved it's decision?

What does that mean?
 
case dismissed

'Great victory' ends tussle over Bloor Street makeover

JOHN BARBER
jbarber@globeandmail.com

October 30, 2008

The city of Toronto scored a "great victory" yesterday, according to Councillor Kyle Rae, when a three-judge panel of the Ontario Divisional Court dismissed an application to halt long-planned improvements to Bloor Street, the city's most expensive shopping mall.

And prominent retailer William Ashley China, which led the battle against the $20-million makeover, suffered an embarrassing rebuke - criticized for its "unduly delayed" challenge to a legitimate approval process and ordered to pay the city's costs in the action.

The 14-page judgment accepted the city's contention that the retailer had trumped up its arguments about negative environmental impacts only after failing to obtain "a number of special requests," such as a parking lay-by in front of the store, in order to "improve its own financial position."

The court noted that planning for the improvements began 10 years ago, when the company was represented on the board of the body financing them, the Bloor Yorkville Business Improvement Area. "Ashley made no request throughout that process over the last 10 years for further public consultations or studies," it wrote.

"The chair of Ashley's was the chair of the board when it started," Mr. Rae added. "It's a mystery to me what their problem was."

Mr. Rae compared the legal challenge against the beautification project to the long campaign to halt construction of new streetcar tracks on St. Clair Avenue - a tangled chronicle that ended this year with the forced rustication of Superior Court Judge Ted Matlow.

"There needs to be change and infrastructure renewal in this city," Mr. Rae said, adding that last-minute legal attacks on established processes "really throw into question our ability to deliver."

The issue at the heart of the Ashley's case was whether or not the city evaded its responsibility to subject the project to an official environmental assessment. The city argued that such work as widening sidewalks and rebuilding roads, without removing any lanes, does not require one.

Acting on behalf of the objecting emporium, renowned human-rights lawyer Clayton Ruby argued that the alleged sidewalks were actually "linear paved facilities" and as such subject to much more stringent scrutiny than 10 years of public process had yet brought to bear.

In upholding the legitimacy of city processes, the Ashley case also echoes the decision last week that dismissed zealously pursued accusations of financial chicanery against Scarborough Councillor Adrian Heaps. In that case, the court made a point of deferring to the wisdom of the city-appointed audit committee whose initial investigation of the accusations had cleared the politician.

The Bloor Street beautification, budgeted at $20-million, is being undertaken at the same time as major roadwork that is tying up midtown traffic and hurting the retailers who are paying for it. Current plans call for construction to halt over the Christmas shopping season and begin again next year.

http://www.theglobeandmail.com/servlet/story/LAC.20081030.BARBER30/TPStory
 
Image from AdamSchwabe on twitter of the reopened section of sidewalk on the north side of Bloor, in front of HBC centre. According to the latest construction update, they have to wait for Brookfield to waterproof the roof of the basement (which extends under the sidewalk) first before they put in the granite.

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South side of Bloor, about half way between Church & Yonge. They should reach Yonge St. about the same time 1BE starts excavating. What a mess.
 

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Wow... at least we know this is going to be done pretty quickly. The business association who's paying for this doesn't want to show a dirty house to visitors come the summer.
 
View this morning from 2 Bloor West.

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Looking east between Yonge and Church Streets. TONS of space to work with there.
 
What space are you referring to other then the large parking lot?
 
^The width of the street.

This stretch presents an excellent opportunity for wide sidewalks, cars, trees, sculptures and bikes to do what they do without getting in anyone's way.

Although I'm not sure what to do with what appears to be the last remaining bit of Southern Ontario glacier in front of the old Alliance Atlantis building.
 
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And that's what I hope we're getting with this project!

Yea I was wondering about that too, something to do with the tree plantings maybe?
 
Pretty unbelievable that with the ten-year lead time on this project Brookfield couldn't get their waterproofing done. Kind of reminds me of Ashley's claiming to have not ever been informed about something that was mentioned in every BIA newsletter since about 2001. Shades of the opening of The Hitchhikers' Guide to the Galaxy, that.
 

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