Guelph Mercury - August 07, 2009

No mystery in reason for Armel’s objection

Scott Tracey
Jury of One

Steven Zakem must have felt like he was really scoring some points; an opening salvo in what promises to be a hard-fought affair.

Zakem, the lawyer for Silvercreek (Guelph) Developments Ltd., told an Ontario Municipal Board hearing this week his opposition is only looking out for its own interests.

In his opening statement at a hearing scheduled to last 40 days, Zakem said Armel Corporation’s opposition to Silvercreek’s proposal is strictly financial.

Well, yeah.

Armel’s lawyer, Gordon Petch, made no bones about the reason for the company’s staunch opposition to Silvercreek’s planned commercial and residential development on the former Lafarge lands just up the street from the Manor.

The development, Petch argued, will "completely undermine" Armel’s West Hills shopping centre at Paisley and Imperial roads.

It is not uncommon for commercial developers to oppose each other in a bid to protect their market base, and that is the basis for Armel’s position on Silvercreek.

Months ago, after the proposal for the property was radically altered to cut in half the retail component, Armel vice-president Joe Wolfond told me it was not enough.

"Our position hasn’t changed," Wolfond said after the city and a neighbourhood group, which had both joined Armel on the No side, suddenly decided to throw their support behind the plan. "I would say if there’s any commercial there you’re not going to see Armel pulling out (of the OMB process)."

With two of three opponents on side with the applicant, many assumed the 40-day hearing would have been significantly shortened. It appears that will not be so.

On the first day of the hearing Tuesday, Zakem said it could go "theoretically, until Thanksgiving."

The bad news for us is that the city must have legal representation at the hearing to defend the city’s position and the settlement reached between Silvercreek Developments, the city and the Howitt Park Neighbourhood Residents’ Association.

"It wouldn’t be responsible for us to just leave it in the hands of the proponent," Mayor Karen Farbridge said, adding these hearings "are very long and they’re very expensive, which is why municipalities don’t like the OMB process."