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White Star in forced abeyance for years! Read email chain.

Updated: Jun 27

The City has refused to meet in good faith. Read this train of emails in the pdf below. It is eye-opening!

Board of Negotiations-Emails May to Aug
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From: Axel Winkelmann Sent: Monday, May 1, 2017 6:49 PM To: Ron Folkes Subject: Fw: Fwd: FW: The White Star Group - 271 Bay St. N.; 107 Stuart St., 32 Tiffany St.


Hi Ron


Note the great opening below. Barbara Dawson is a law clerk City of Hamilton legal services - commercial/development/policy section. She appears to be asking for help in interpreting what is going on. Let's help her shall we.


Axel


From: Marino Rakovac Sent: Monday, May 1, 2017 11:57 AM To: Alan Heisey ; Folkes Legal Professional Corporation ; Axel Winkleman Subject: Fwd: FW: The White Star Group - 271 Bay St. N.; 107 Stuart St., 32 Tiffany St.

Forwarded message From: JUS-G-MAG-BON <board.of.negotiation@ontario.ca > Date: Mon, May 1, 2017 at 11:38 AM


Subject: RE: FW: The White Star Group - 271 Bay St. N.; 107 Stuart St., 32 Tiffany St. To: Marino Rakovac <m.whitestargroup@gmail.com > Cc: "Dawson, Barbara (Barbara.Dawson@hamilton.ca )" <Barbara.Dawson@hamilton.ca >


Good Morning Mr. Rakovac,


In answer to your question this morning where you asked me when does a party become an approving authority and so I have attached the highlighted section below from the Expropriations Act which should answer your question.

Also, perhaps you can copy Counsel for the City of Hamilton on the documentation you provided the Board after receiving our Notice of Acknowledgement. Once they have an understanding of your point view, it will spark a further discussion.


Approving authority


5. (1) Subject to subsections (4), (5) and (6), the approving authority in respect of an expropriation shall be the Minister responsible for the administration of the Act in which the power to expropriate is granted, except that,


(a) where a municipality or a local board thereof, other than an elected school board, expropriates lands for municipal purposes, the approving authority shall be the council of the municipality; and


(b) where an elected school board expropriates lands, the approving authority shall be the school board. R.S.O. 1990, c. E.26, s. 5 (1).


Mrs. Dawson, from speaking with Mr. Rakovac, there are many question surrounding is claim that I believe the City of Hamilton can answer for him. Would you speak with him or be able to find a colleague to speak about to him about his claim. The email below from Mr. Rakovac may provide you some more information about his claim.


The Board of Negotiation does not get involved in the discussions between the parties, until the parties are ready to proceed with a mediation. If it is found that the BON is not the correct course of action, then notify us and will close the file.


Best Regards,

Robin McBride


Robin McBride

Strategic Projects and Case Coordinator(A)

Board of Negotiation

655 Bay Street

Suite 1500

Toronto, ON M5G 1E5

T: 416 326-6442


Robin.mcbride@ontario.ca

From: Marino Rakovac [mailto:m.whitestargroup(agmail.com ] Sent: May-19-17 10:11 AM To: JUS-G-MAG-BON; clerkhamilton.ca; Jason Far; Ron Sabo; Folkes Legal Professional Corporation; Alan Heisey Subject: Expropriation Act-Dell Case-Impact on Developers Lands


Dear Mr. McBride,


In order to encourage the City of Hamilton to agree to the proposed Board of Negotiations assistance in the mediation process of the matter prior to proceeding with the OMB Arbitration process, I am forwarding the attached information pertaining to the Expropriation Act Guidelines, The Dell Court Appeal Case Overview by the Law firm of Miller Thompson who we have engaged and intend to retain for the OMB Arbitration case if the current negotiation attempt fails.


As stated by City staff in a written report for the OMB Appeal mediation hearing in Dec of 2009 " City staff acknowledge that it has been difficult to confirm the exact processes that need to occur prior final confirmation of a stadium site" and we recognize the City's dilemma, however disturbing a Developers ongoing development application process,particularly at the OMB Appeal stage does fall under the Expropriation Act compensation guidelines and the burden of proof in the expropriation process is on the expropriating authority which in this case is the City of Hamilton Council. In the pre-expropriation process "The compensation meter starts running at the moment the Developers Applications are put on Hold."


Regards


Marino Rakovac/The White Star Group


Marino Rakovac EMAIL: m.whitestargroup@gmail.com

http://www.whitestargroup.org

Forwarded message From: "Wice, Joanna" <Joanna.Wice@hamilton.ca > To: "'McBride, Robin (MAG)'" <Robin.Mcbride@ontario.ca > Cc: "ironefolkes@folkeslaw.ca '" <ronefolkes@folkeslaw.ca>, "'Marino Rakovac (m.whitestargroup@gmail.com)"' <m.whitestargroup@gmail.com >, "Dawson, Barbara" <Barbara.Dawson@hamilton.ca> Bcc:

Date: Fri, 9 Jun 2017 20:20:59 +0000 Subject: RE: Board of Negotiations BN 17:33 White Star Group & City of Hamilton Mr. McBride,


Thank you for your email. I have cc'd Mr. Ron Folkes who I understand is counsel for Rakovac/White Star.


The City does not agree to the scheduling of a meeting of the Board of Negotiation.


Please feel free to contact me if you require anything further.


Regards,

Joanna


Joanna Wice Solicitor Legal Services, City of Hamilton (905) 546-2424 Ext.4638

www.hamilton.calcanada150


Original Message From: Mcbride, Robin (MAG) [mailto:Robin.Mcbride@ontario.ca] Sent: May-26-17 11:18 AM To: Wice, Joanna; Marino Rakovac (m.whitestargroup@gmail.com ) Subject: Board of Negotiations BN 17:33 White Star Group & City of Hamilton


Good morning,


Further to the Letter of Acknowledgement, please know that the Board of Negotiation is now scheduling any requested meetings after October 1, 2017. Please provide any mutually agreeable dates for a meeting subsequent to that date.


Should you have any questions or concerns, please feel free to contact me at katharyne.goshulak@ontario.ca or by telephone at 1.416.326.6442.


From: Wice, Joanna [mailto:Joanna.WiceCahamilton.ca] Sent: July-24-17 10:29 AM To: Goshulak, Katharyne (MAG); ronefolkes@folkeslaw.ca ; heisey@phmlaw.com ; m.whitestargroup@gmail.com ; axeldirect@gmail.com Cc: Dawson, Barbara Subject: RE: Board of Negotiation Availability Dates BN 17:33 Expropriation Act-Dell Case-Impact on Developers Lands


Hello Ms. Goshulak,


Please find attached the City's response of June 6, 2017. The City does not agree to the scheduling of a hearing for this matter.


Thank you,

Joanna


Joanna Wice

Solicitor

Legal Services, City of Hamilton

(905) 546-2424 Ext.4638

www.hamilton.ca/canada150


From: Goshulak, Katharyne (MAG) [mailto:Katharyne.Goshulak@ontario.ca] Sent: July-24-17 10:09 AM To: Wice, Joanna; ronefolkes@folkeslaw.ca ; heisey@phmlaw.com ; nn.whitestargroup@gmail.com ; axeldirect@gmail.com Cc: Dawson, Barbara Subject: Board of Negotiation Availability Dates BN 17:33 Expropriation Act-Dell Case-Impact on Developers Lands


Good morning,


Further to the email below, the Board of Negotiation is presently scheduling meetings starting November 1, 2017. Should you have any further questions or concerns, please feel free to contact me at katharvne.goshulak@ontario.ca or by telephone at 1.416.326.6442.


Katharyne Goshulak

Projects and Board of Negotiation Coordinator Environment and Land Tribunals Ontario

Ministry of the Attorney General

Board of Negotiation BN 17:33 Expropriation Act-Dell Case-Impact on Developers Lands


JUS-G-MAG-BON <board.ofnegotiation@ontario.ca>

Thu 2017-07-27 4:34 PMMarino Rakovac (m.whitestargroup@gmail.com );Joanna Wice (joanna.wice@hamilton.ca);Folkes Legal Professional Corporation (ronefolkes@folkeslaw.ca );Axel Winkleman (axeldirect@gmail.com );marino rakovac (marino.1001@hotmail.com)


Good afternoon,


Further to the emails below, determining whether an expropriation or taking of land has occurred, is beyond the scope of the Board of Negotiation.

Once there is agreement by both the Authority and the Owner that expropriation occurred, then the Board will reopen this case.


Regards,

Katharyne Goshulak


Projects and Board of Negotiation Coordinator

Environment and Land Tribunals Ontario

Ministry of the Attorney General

655 Bay Street, Suite 1500, Toronto, ON M5G 1E5

T: 1.416.326.6442

email: katharyne.goshulak@ontario.ca

o

Gmail - FW: Board of Negotiation BN 17:33 Expropriation Act-Dell ... https://mail.google.com/mail/u/0/?ui=2&ik=ee456b4ffd&jsver=HFK...

M Gmail Marino Rakovac <m.whitestargroup@grnail.com >

FW: Board of Negotiation BN 17:33 Expropriation Act-Dell Case-Impact on Developers Lands

Marino Rakovac <m.whitestargroup@gmail.com > Fri, Jul 28, 2017 at 7:00 AM To: "Goshulak, Katharyne (MAG)" <Katharyne.Goshulak@ontario.ca >, Joanna Wice <joanna.wice@hamilton.ca>, Folkes Legal Professional Corporation <ronefolkes@folkeslaw.ca >, Axel Winkleman <axeldirect@gmail.com >, jason.farr@hamilton.ca , maureen.scally@hamilton.ca , Ron Sabo <Ron.Sabo@hamilton.ca >


Good morning,


Further in response to this matter,


May I point out that Dell Supreme Court decision clearly compensates whether or not land was expropriated.


Why would this be beyond the scope of the Board of Negotiation? One need simply read the decision.


And yes, we recognize that mediation requires both parties to agree. The City has chosen not to co-operate through a mediation process and this will be noted in our Arbitration submission.


This matter is not for City staff to solely respond to but also for City Council and the Ward Councillor as it is prudent to accept the help of the Negotiations Board which is a FREE service provided to both parties involved in this matter.


I believe that Council has not been provided by staff the needed legal clarity on the Expropriation Act legislation and Councils responsibilities on this matter as the Expropriating Authority in dealing with a Developer and landowner.


It saves our community and the tax payers a lot of costs but staff accepting the opinions,clarifications and guidelines that can be received from the Board members and staff,(which are non binding) before we engage in the next step in the OMB Arbitration process.


Marino Rakovac/The White Star Group


From: Marino Rakovac [mailto:m.whitestargroup@gmail.com] Sent: July-27-17 12:07 PM To: Goshulak, Katharyne (MAG); Joanna Wice; Folkes Legal Professional Corporation; Axel Winkleman; marino rakovac Subject: Re: FW: Board of Negotiation BN 17:33 Expropriation Act-Dell Case-Impact on Developers Lands


Good morning,


Further in response to the attached information please note that in fact this is an expropriation matter as according to the a Dell case compensation for DISTURBANCE damages was paid on the lands that were NOT expropriated.

Developers case are different as City Council becomes and Expropriating Authority the moment the City puts the developers existing applications for development on HOLD for the purpose of a potential acquisition or expropriation for the City's own use.


The City put The White Star Group application ZAC — 00 —18 on HOLD in August 2000 and up to August 2010.


City Council as the expropriating authority passed a compensation resolution for negotiations to settle the matter on September 15, 2010.


The case should not be closed but left open for mediation negations as Council may recognize its position as the Expropriating Authority and chooses to direct staff to conclude the compensation directive while we are preparing the case for the OMB Arbitration process which should be ready within the next 30 days.


Sincerely

Marino Rakovac/The White Star Group


On Thu, Jul 27, 2017 at 9:54 AM, Goshulak, Katharyne (MAG) <Katharyne.Goshulak@ontario.ca> wrote:


Good morning,


Further to the attached letter and conversation, and in that the City of Hamilton confers that there has been no expropriation nor 'taking 'of land, I am writing on behalf of the Board of Negotiation to inform that the Board is not available for this case. This case will be closed, effective today, July 27, 2017.


Should you have any concerns or questions, please feel free to contact me at katharvne.goshulak@ontario.ca or by telephone at 1.416.326.6442.


Regards,


Katharyne Goshulak

Projects and Board of Negotiation Coordinator Environment and Land Tribunals Ontario


Mail - marino.1001@hotmail.com https://outlook.live.com/owa/?realm=hotmail.com&path=/maiCl/inbox/rp

RE: Attn: Leesa Kwong Re: OMB Case No.PL120989, OMB File No.PL120989

Kwong, Leesa (MAG) <Leesa.Kwong@ontario.ca >

Wed 2017-08-23 10:47 AM

mimarino rakovac <marino.1001@hotmail.com >; Axel Winkleman <axeldirect@gmail.com >;

Cc:Kovacevic, Michael (Michael.Kovacevic@hamilton.ca ) <Michael.Kovacevic@hamilton.ca >;


Good Morning,

Further to your emailed and faxed response, the Board will continue to place this matter on hold.


I have diarized this matter for a further update in 3 months' time — kindly please advise at that date the status of the related Site Plan matter and anticipated completion of this appeal.


Regards,

Leesa Kwong

Case Coordinator/Planner Ontario Municipal Board Environment and Land Tribunals Ontario 655 Bay Street, Suite 1500 Toronto, ON M5G 1E5 416-326-6785 Leesa.Kwonqaontario.ca


We are committed to providing accessible services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact our Accessibility Coordinator at ELTOontario.ca as soon as possible. If you require documents in formats other than conventional print, or if you have specific accommodation needs, please let us know so we can make arrangements in advance.


From: nnarino rakovac [mailto:marino.1001@hotmail.com] Sent: August-21-17 5:12 PM To: Kwong, Leesa (MAG); Axel Winkleman Subject: Fw: Attn: Leesa Kwong Re: OMB Case No.PL120989, OMB File No.PL120989


Dear Ms. Wong please note that I faxed you the response a Iso.Hopefully this is sufficient.


Thank You

Marino Rakovac


From: Axel Winkelmann <axeldirect@gmail.com > Sent: August 21, 2017 5:46 PM To: leesa.kwongPontario.ca Cc: 'marino rakovac' Subject: Attn: Leesa Kwong Re: OMB Case No.PL120989, OMB File No.PL120989

1 of 2 8/23/17, 9:54 AM

• Mail - marino.1001@hotmail.com https://outlooklive.com/owa/?realm=hotmail.com&path=/mail/inbox/rp

To: Leesa Kwong Case Coordinator-Planner Environment and Land Tribunals Ontario Ontario Municipal Board

655 Bay Street, Suite 1500

Toronto, ON M5G 1E5


Dear Leesa Kwong:

Re: OMB Case No. PL120989

OMB File No. PL120989


Subject Property: 32 Tiffany St., 257-279 Bay N & 107 Stuart St.

Applicant/Appellant: 1255717 Ontario Ltd (Marino Racovac)

Municipality: City of Hamilton


Please be advised that we need to delay the matter further until the Site Plan is approved which we expect to be no later than the

end of this year.


Thank you for your cooperation in this regard.


Sincerely, Marino Rakovac

2 of 2 8/23/17, 9:54 AM



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