Stephen Waque

February 7, 2013 Decision of the Board

Stephen Waque — Mon, 11 Feb 2013 19:31:54 +0000

This is a decision of the Board relating to an October 23, 2012 motion for party status brought by Canada Mortgage and Housing Corporation (“CMHC”). The Board denied CMHC’s motion and its reasons include that CMHC forfeited its right as an appellant for failure to comply with s. 17(36).

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Stephen Waqué is a senior partner at Borden Ladner Gervais LLP, and a founding director and past president of the Ontario Expropriation Association. Stephen has more than 30 years experience in the practice of expropriation legislation and real estate law. Stephen is the author of the New Law of Expropriation, a two-volume reference text that deals comprehensively with government acquisitions of real estate and business interests, and is considered an authority in Canada. For more information on Stephen Waqué please visit http://www.blg.com/en/home/our-professionals/Pages/Waque-Stephen.aspx

December 13, 2012 Order of the Board

Stephen Waque — Thu, 31 Jan 2013 16:00:33 +0000

This December 13, 2012 Order of the OMB is a consent order approving an amended modified boundary map, for Amendment 1 to the York Region Official Plan (“ROPA 1”), having received Minutes of Settlement between York Region and 3 appellant groups as well as York Region’s motion and responses from two of the appellant groups in support of York Region’s motion. The order bringing the amendment into force is withheld pending completion of conveyances.

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January 17, 2013 Decision of the Board, S.W. Lee and K. Hussey

Stephen Waque — Tue, 29 Jan 2013 20:04:04 +0000

The Ontario Municipal Board issued a partial approval order bringing into force and effect certain sections and policies of the York Regional Official Plan – 2010 as modified and as set out in an August 23, 2012 order then approved, but not in force.

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Stephen Waqué, Frank Sperduti and Sean Gosnell are partners at Borden Ladner Gervais LLP and members of BLG’s EMER Group (Environmental, Municipal, Expropriation, and Regulatory Law). For more information on any of these professionals, please visit: www.blg.com

May 13, 2011 Order of the Board

Stephen Waque — Fri, 25 Jan 2013 00:00:35 +0000

This is the first prehearing conference decision in respect of the York Region Official Plan 2010 and Official Plan Amendment Appeals. The decision sets dates for future procedural events.

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December 19, 2012 Order of the Board

Stephen Waque — Wed, 16 Jan 2013 22:46:20 +0000

This December 19, 2012 Order of the OMB is a consent order approving and bringing into force and effect a set of Retail and Employment policies with respect to The Regional Municipality of York Official Plan -2010 and repealing concordant provisions of the 1994 Official Plan, save and except as provided for in certain Minutes of Settlement entered into by York Region and various appellants and/or parties.

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August 23, 2012 Order of the Board

Stephen Waque — Tue, 18 Dec 2012 19:57:03 +0000

Stephen Waqué, Senior Partner at Borden Ladner Gervais LLP, highlights an order granting the partial approval of certain policies of the York Region Official Plan (“ROP – 2010”), repealing sections of the 1994 Regional Official Plan, partially resolving more than 12 appeals of the ROP – 2010 and fully resolving 5 appeals.

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August 15, 2012 Decision of the Board, S.W. Lee and K. Hussey

Stephen Waque — Mon, 10 Dec 2012 17:03:55 +0000

The Ontario Municipal Board issued its decision arising from the 8th pre-hearing conference. The Board approved exhibits 68 and 71 on principal stating that the exhibits are important milestones in the proceedings. To read more details of S.W. Lee and K. Hussey’s Memorandum of Oral Decision, click on the link below.

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June 22, 2012 Decision of the Board, S.W. Lee and K. Hussey

Stephen Waque — Thu, 15 Nov 2012 21:35:06 +0000

The Ontario Municipal Board issued its decision arising from the 8th pre-hearing conference. The Regional Municipality of York agreed to adjourn the motion for partial approvals. Counsel for NMLG also adjourned its motion for consolidation with the ROP-2010 ROPAs 1 and 3. To read more about this decision, click on the link below.

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May 17, 2012 Decision of the Board, S.W. Lee and K. Hussey

Stephen Waque — Thu, 15 Nov 2012 17:31:53 +0000

The Ontario Municipal Board issued its decision from the 7th pre-hearing conference in which it confirmed its jurisdiction to approve modified policies of an official plan on an appeal; and, in response to a motion brought by Worden and Montanaro Estates Limited, for a hearing to correct land use designations, the Board indicated that it does not have jurisdiction to change the boundary of land use designations established in the Oak Ridges Moraine Conservation Plan for the Worden and Montanaro site.

Arbitration Decision by Stephen Waqué, Sears and The Cadillac Fairview Corporation Limited

Stephen Waque — Wed, 14 Nov 2012 22:07:16 +0000

This is a January 2012 decision of Mr. Stephen Waqué, who acted as the arbitrator in a matter that concerned the interpretation of a February 1977 lease granted by Cadillac Fairview to the T. Eaton Company, predecessor of Sears Canada Inc., and in particular, Article 14.02(a)(iii) which provides: in the absence of agreement by the Landlord and the Tenant as to the proper proportions under clause (ii) above, then in the proportions determined by arbitration.

Sears sought to recover from CadillacFairview $8.5 million dollars. A majority of the claim concerned Sears’ allegation that over the period of 8 years, from 2000 to 2008, it bore most if not all of a claw back penalty, which it contends should have been born by all tenants to the parcel. The claw back and the capping system which were both brought in approximately 10 years after the lease was negotiated, were examined. The way the claw back system was applied during 2000 to 2008 and its lack of legislative symmetry with the capping system also in place, was the crux of this case.

Another issue examined was when the lease was negotiated in 1977, what was the manner in which the subject parcel was owned, used and occupied. At the time the lease was drafted, the separately assessed parcel involved the Eaton department store alone. It was owned by Eatons and was folded into the Eatons Centre complex when the Eaton Centre enclosed the mall. Over time, levels were added and the Eaton store tenancy was converted from a department store unit to commercial rental units. Rent for the commercial units was higher per square foot than for the department store. Over the period in dispute, the assessed value of the commercial rental units rose, while for the department store it either declined or grew slower.

Neither the changes to the assessment and taxation systems nor the restructuring of the Eatons parcel, which were to come, could have been known to those who drafted and negotiated the 1977 lease.

In the end result, Mr. Waqué found that the Landlord’s Limitations Act defence defeated Sears’ claims prior to June 2008, and that the responsibility of taxes for the period post June 2008, was to be allocated in the same proportion as would exist if there was no claw back.

http://www.stephenwaque.com/wordpress/wp-content/uploads/2012/11/TOR01-5050930-v1-Sears_Cadillac_Fairview_Arbitration_Decision.pdf