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Key Documents - TIMELINE

Updated: Oct 31, 2021

The moment the City of Hamilton put White Star’s active rezoning application on hold for the purpose of pursuing its stadium plan and when it insisted on the decommissioning of White Star’s salvage yard operations, it created a significant private nuisance to White Star which resulted in significant disturbance damages over the next several years.


1. Nov. 22, 1989 – Planning and Development Recommendation Report 28 Item 20

(a) (b) (i)and (ii) Appendix “G” re: Approval of the Central Neighbourhood Plan

amendment to change the Tiffany Block from “Commercial-Industrial” into

“Medium Density Apartments” and the decommissioning of the auto wrecking site – The OPA and Zoning Application ZA-88-98 be held in abeyance pending (i) (ii). TAB A3

2. May 16, 2000 – White Star Rezoning and OPA Application ZAC-00-18 TAB B1

3. August 21, 2000 – A. Powell letter re: confirmation of the City reconciliation of conflicting directions imposed by the waterfront plan and the neighbourhood plan and the confirmation that the White Star application will be held in abeyance until the reconciliation is completed TAB B5

4. Jan. 26, 2001 - letter from Mr. Paparella to Mr. Powell, where Mr. Paparella wrote that “As per your request, we (the City) will continue to hold Application ZAC-00-18 in abeyance until the project is complete.” TAB B9

5. White Star’s decision to proceed with its residential development plans and

decommission its auto salvage yard where based on receiving equivalent

value for its yard ($5 million) through $1.5 million in remediation monies

(plus additional program monies) and 100% development credits of about

$4 million

6. Sept. 14, 2005 - Appendix A of City Report 05-012 outlining the residential

development agreement with the City for 4 White Star properties including

specific environmental protection monies for the Tiffany project TAB C10

7. Feb. 15, 2006 – email received from Larry Friday stating that the development

agreement would be in jeopardy should the dealership continue to run TAB C13

8. April 27, 2009 – Response to Notice of Motion including Affidavit of Brenda

Khees re: application for status at the OMB hearings by White Star – City

requests further delay, acknowledges the need for continued dialogue to

encourage settlements, acknowledges the need for continued dialogue to

encourage settlements and narrow down issues and acknowledges that the City

has not advanced White Star’s residential development application and that the

process of approval for White Star’s application would require many further and apparently lengthy approvals TAB D19

9. Feb. 24, 2010 – Council approves Report 10-008 Recommendations and the

West Harbour is approved as the new stadium site and staff and Council are

authorized to proceed to enter into Options to Purchase agreements for the

required lands or proceed to take the necessary formal expropriation steps. TAB


10. June 8, 2010 – City Notice to White Star companies that City is ending

acquisition discussions TAB G8

11. August 31, 2010 – City Report and Notice re: Tiger Cats organization indicates

that they will not discuss West Harbour Stadium TAB G10

12. Sept. 15, 2010 – City Council (presumably in its capacity as expropriating

authority) directs staff to Review Compensation for White Star with respect

to Setting Sail and stadium efforts

13. Oct. 12, 2010 – Report LS10017 Staff Report to Council held in camera and

White Star never advised as to compensation resolution

14. Oct. 5, 2012 – Out of frustration with the lack of compensation progress White Star’s solicitor initiates a Notice of Action against the City – White Star

subsequently in 2019 was advised that the matters were not in the correct

jurisdiction and should properly be heard before the Tribunal and not be before

the Ontario Superior Court of Justice – the matter was referred to the Tribunal on Jan. 31, 2020 TAB M6

5. Dec. 27, 2012 – White Star Site Specific Zoning Draft Document for the OMB

mediation process approved TAB L4

16. March 17, 2012 – OMB Settlement Order issued TAB M2

17. August 2014 – City completed Barton Tiffany Urban Design Study using White Star’s building massing design as a template – this Study needed to be

completed before White Star could proceed further as the Site-Specific Zoning

was conditional on the completion of the Urban Design Study TAB N7

18. June 11, 2015 – Email letter from Larry Friday, City Director of Taxation to Ron Sabo, City Solicitor denying the existence of the development agreement and the existence of Report 05-012 TAB Q1

19. June 12, 2015 – City of Hamilton Planning Department confirms that they

received the Erase Application for soil remediation funds together with a cheque for the application fee. They declined to process the application due to ongoing litigation and returned the cheque TAB Q1.

20. May 3, 2016 C. Robertshaw, City Solicitor denies the existence of the

development agreement, denies all the planning work done by White Star and

denies the existence of the White Star planning application etc. TAB Q2

21. May 9, 2016 – Marino Rakovac locates Report 05-012 containing the outline of the White Star development agreement in the City archives with the help of

Catharine Walker at the City Clerk’s office TAB Q3

22. May 13, 2016 – Powell letter to C. Robertshaw responding to her May 3, 2016

letter – correcting her and providing her the Report 05-012 and its contents TAB Q5

23. June 23, 2016 – A. Powell letter to C. Robertshaw -summary to assist with the

familiarity with the file – 11 City lawyers have dealt with the file and familiarity

with the facts is an issue – no one is there long enough to learn or understand

the file TAB Q7

24. July 5, 2016 – Examinations for Discovery of Larry Friday – Admission of the Development Agreement contained in Report 05-012

25. July 20, 2016 – A. Powell letter to City – re: Larry Friday’s admission of the “deal all along” and a request for a compensation resolution TAB Q9

26. April 4, 2017 Application to the Board of Negotiation Notice to the City and the Board TAB T1

27. Jull24, 2017 – Joanna Wice, City solicitor, confirms that the City does not agree to the scheduling of a hearing on this matter TAB T8

28.Nov. 20, 2017 – City Planning Department Notice of the conditional approval of the applied for Site Plan – environmental remediation remains the outstanding condition TAB S1

29. 2017 Second application for Erase program funding

30.Feb. 9, 2018 – Grant Brailsford, City solicitor, letter re: Erase program application not to be rejected and that a request be made to Council to hold the matter in abeyance until Council can consider the matter TAB Q 10

31. May 22, 2018 – Justice Lococo’s Order ordering the parties to provide a better Affidavit of Documents resulting from White Star complaining about the City not providing full and complete disclosure and grossly inadequate documentation TAB Q 14

32. July 4, 2018 – Ron Folkes letter to G. Brailsford re: detailed request for

documents that White Star was looking for – went unaddressed TAB Q 15

33. Feb. 19, 2019 – Civil case is administratively dismissed due to White Star’s

solicitor’s failure to update his new address with the Court TAB Q 17

34. Aug. 14, 2019 – G. Brailsford letter to Ron Folkes refusing to provide further

Setting Sail documents and Tiger Cat negotiation documents TAB Q 20

35. December 2019 - List of important documents uncovered by Marino Rakovac at the City Clerk’s office and other sources over the preceding months, all of which were not disclosed by the City in their sworn Affidavits of Documents TAB Q 21

36. Jan. 22, 2020 – Refusal to provide Staff compensation report LS10017 by the

City in response to a Freedom of Information Request – the City hides everything in camera TAB Q 23

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