A second outstanding Toronto-area developer who owns land that was faraway from southern Ontario’s protected Greenbelt final 12 months goes to courtroom to keep away from answering questions from the province’s auditor basic.
Michael Rice, CEO of Rice Group, filed a discover of utility with the Ontario Superior Court docket of Justice on July 5 looking for to dam or delay a summons from Auditor Normal Bonnie Lysyk that he be interviewed and supply data associated to land he owns within the space that’s now cleared for growth.
Lysyk has been taking a look at the provincial authorities’s elimination of environmental protections from greater than 2,995 hectares of land — whereas including different land elsewhere — so that fifty,000 properties could be constructed.
The Greenbelt was created in 2005 to completely defend agricultural and environmentally delicate lands from growth and covers some 810,000 hectares space of farmland, forest and wetland from Niagara Falls to Peterborough.
Within the courtroom submitting that was first reported by The Toronto Star, Rice argues the summons oversteps the auditor basic’s authority to scrutinize provincial authorities funds.
“The auditor basic’s position is to not examine, audit, and/or study personal residents underneath oath, or go on fishing expeditions with respect to their personal company affairs,” the submitting says.
Rice’s submitting got here only a week after one other developer who benefited from the Greenbelt resolution — Silvio De Gasperis — made an analogous utility. De Gasperis is president of the Vaughan, Ont.-based Tacc Group of firms.
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Purchased property in September
Lysyk’s workplace agreed in January to conduct “sure audit work” associated to the so-called Greenbelt land swap in response to a joint name from all three opposition events.
Opposition politicians and different critics have raised considerations about what builders may need recognized upfront of the federal government asserting the coverage. Ontario Premier Doug Ford and Housing Minister Steve Clark have denied tipping off builders.
As CBC Toronto first reported, property possession and company data confirmed a number of builders purchased land lately that was both wholly or partly within the Greenbelt — which means they had been totally or partially off limits to growth on the time of buy.
An organization managed by Rice paid $80 million for 5 parcels of land within the Township of King, situated about 50 kilometres north of Toronto, on Sept. 15 final 12 months — lower than two months earlier than the Ford authorities introduced sections of that land, which had been protected, can be opened for housing and different growth.
On the time, the native council stated Rice was keen to supply a few of the land for an enlargement of a close-by hospital at a “nominal charge.”
Request ‘overbroad,’ developer says
The auditor basic’s workplace requested an interview with Rice in April. Doable matters of debate, in response to the submitting, included:
- The general expertise working with the federal government to amend the Greenbelt boundary.
- The Ontario authorities’s expectations for the event of land faraway from the Greenbelt.
- Trade challenges with Ontario’s land-use planning system.
- Doable servicing challenges associated to growing land faraway from the Greenbelt.
Attorneys for Rice responded in Could, saying he wouldn’t be capable of present any significant info. However the auditor basic disagreed, stating Rice might present “perception that’s materials to our audit,” in response to the submitting.
Lysyk adopted up with a summons on June 27, demanding Rice undergo an examination underneath oath and supply “any and all related data, correspondence, notes and paperwork,” the submitting says.
Rice’s utility argues he shouldn’t be compelled to testify as a result of the request for paperwork is “overbroad” and a few are probably commercially delicate.
He’s asking the courtroom to quash the summons, droop it, or stop him from being compelled to provide data, notably these he deems commercially delicate.
CBC Toronto requested remark from Rice through his firm and legal professionals, however didn’t obtain a response.
A spokesperson for the auditor basic’s workplace stated it’s unable to touch upon an ongoing audit, however expects the Greenbelt report back to be launched in September. Lysyk’s second time period ends on Sept. 3.
A spokesperson for the housing minister stated Monday the federal government is co-operating with the auditor basic.
Silvio De Gasperis and his brothers Carlo and Michael De Gasperis personal land that was faraway from the Greenbelt in three municipalities — Vaughan, Richmond Hill and Pickering — together with at the very least 28 properties within the Duffins Rouge Agricultural Protect, company and property data present.
Silvio has donated to the Progressive Conservative Occasion of Ontario up to now.
An individual with the identify Michael Rice has donated greater than $10,000 to the Progressive Conservative Occasion of Ontario since 2018, in response to Elections Ontario information, together with a $946 donation made in 2020 to Housing Minister Steve Clark’s using affiliation. It’s not recognized if he is similar man who heads the Rice Group.
The identical particular person has additionally donated a smaller quantity to the Ontario Liberal Occasion.