No legal way to stop MSP – Springwater councillor

Webster finds province’s approval ‘inconceivable’

Letter to the Springwater News

As time advances and my municipal term comes to a close, I would like to take this opportunity to offer my position, as Springwater’s Ward 3 Councillor, on the Midhurst Secondary Plan (MSP).

This Council, like all others, inherited many existing files carried over from the previous Council. The MSP was just one, albeit the biggest and most complex in Springwater at this time. From the beginning of the term, there was a huge learning curve as we attempted to answer questions such as: how did it come to pass in the first place, how significant was it, what was its current state, what are the best choices for all parties involved, and where do we go from here?… and follow through with responsible action and decision-making as we’ve moved through the past four years.

Speaking only for myself, I’ve attempted to devote the time and attention to the MSP and all its nuances that the enormity of this development warrants. As the challenges unfolded, we on Council and Springwater staff have been constantly pushed and pulled by proponents and opponents. Finally, and most recently, in an attempt to bring some concrete definition to the entire situation, Council decided to seek the legal opinion of the firm of WeirFoulds LLP.  Their municipal lawyer is Barnet Kusser who answered our questions.

Here, in my own language, is my interpretation of the pertinent questions asked and the answers as I heard them.

1)      Is it legally possible for this Council to stop the MSP?

Answer: Yes

2)      What would be the expected result of a yes vote to stop it?

Answer: You could expect to face a substantial law suit from the Developers.

3)      What would you predict the size of that law suit to be?

Answer: in the neighbourhood of $100,000,000.

4)      What would be the likelihood of the township winning?

Answer: I cannot imagine any legal argument which would be a win for Springwater, as there are no legal grounds on which to fight it.

5)      What would be the cost to the ratepayers to defend such a suit?

Answer:  You could expect the legal fees to be the millions of dollars.

To summarize my understanding of the final opinion of our legal counsel, should the results of rescinding the MSP turn out as above, the costs of such a lawsuit would be in the neighbourhood of $100,000,000 plus substantial legal fees, all of which would have to be paid by the taxpayers of Springwater Township. Based on this, in my view, and the view of other 5 out of 7 of the Councillors, a vote to stop the MSP would be too risky and irresponsible on my part, and definitely not in the best interest of all of the residents of Springwater.  My feelings on spending this money have not changed since our recorded vote on the matter in September, when I voted to NOT stop the MSP for the reasons noted above.

From my personal viewpoint, it is inconceivable how the provincial government could ever have approved the installation of 10,000 to 12,000 new residents in the Midhurst area. But make no mistake, approve it they did. To my knowledge, the objection of the Midhurst Ratepayers has only been evident in this term of Council. It was notSpringwater Council, but rather it was the Provincial Government who amended the Places to Grow Act to accommodate such growth. They then left your Municipality to officiate.

This, of course, has happened all across Ontario, and is a situation with which many municipalities are struggling. In Springwater’s case, no one has done anything illegal; those who sold their land to developers, and the developers who purchased the land, were simply following the laws of our province. Once again, the Municipalities are the chew toy of the Provincial Government.

Moreover, I see no possibility that any new Provincial Government will listen to any amount of public outcry and thus it will, and should be, Council’s objective to focus on the possibilities and not the problem. This will be the key to supporting new growth all overSpringwater which is inevitable due to Provincial Policies.

Thank you for your time to read this note.

Respectfully,

Rick Webster

Springwater Councillor – Ward 3