Now, I don’t want to leave any appearance or impression that I have misstated having exposed any close to the magnitude of this other matter involving “kick-backs, that could remotely be interpreted as actually being the same as the facts in this newly announced David Ohashi case.
But it does add substantial merit to my thinking process when trying to understand how such a ridiculous exploitation of consumers could ever present itself as it has in the Bronte Harbourside matter that I’ve been reporting on.
Look . . . there was a clearly articulated and comprehensive CONTRACT (“Subdivision Agreement“) entered into by the Municipality of the Town of Oakville and a developer (“Fernbrook Homes“) to authorize the conversion of a treed lot along Oakville’s prestigious Lakeshore Drive into 18 residential homes.
The developer was required to put in a road that would constitute a Parcel Of Tied Lands (“POTL“) and all related services.
Within the body of that CONTRACT, specifically in its Schedule “M“, Clause 39, was a very sound consumer protection, that protected buyers from having to live in a “construction site” for indefinite period of time.
CLAUSE 39: “That the owner (“Fernbrook Homes“)”. constructs a board on board wood fence around the perimeter of the lands . . . . . prior to occupancy of any dwelling on the lands.
Fernbrook then sold the rights to sell and build the 18 houses to Sunrise Homes and Sabrina Homes.
Now Sabrina Homes just popped up on my radar and checking into them we see this collection of homes (Bronte Harbourside) advertised as their development, but not under that name!
Another suspicious component of this puzzle!
Sunrise Homes proved inexplicably incompetent at selling the homes (I’m almost 40 years as a top gun homes specialist and can tell you I could have sold them all in under a month for considerably more – that’s why I bought mine which was falsely alleged to be ‘the last lot‘ right off of the Internet from Florida).
They then, according to a law suit that I have in my possession “sold 10 of the lots and building rites to another builder Nascent” (the only one’s doing any kind of “quality work“).
The bottom line here is that Sunrise Homes does not know what it is doing!
Well, that may not be totally accurate as if they are out to rip people off, then they are doing a pretty good job of that!
But they couldn’t get away with anything as long as the Integrity of the Subdivision Agreement was honoured.
So, the logical question is “why would the Municipality breach its own CONTRACT” and grant this developer “Occupancy Permits” with which he could legally “force buyers to Close and live in partially completed houses in a full fledged construction zone“?!
Now, I don’t care if you are a layperson, an academic, a lawyer, or whatever!
Canada is a country of laws, (unless something has changed and I haven’t been made aware of) and I think I can speak for most Canadians, especially those plunking down over a Million Dollars for a home, that we expect the integrity of those laws to be upheld and protected.
They have NOT been!
The Municipality of the Town of Oakville chose to “overwrite” that Clause and I’m not sure how many others, as my questions have remained unanswered as to how many others the Municipality chose to either disregard, circumvent or simply disrespect, allowing this very unacceptable mess to materialize.
To have the heard of the Municipality’s Inspection Department (an apparent dichotomy in and of itself) now attempt to justify and sweep under the carpet the Municipality’s negligence in this matter is simply unacceptable to me and more than likely the majority of people reading this blog!
The results of the Municipality having done so has proven horrific to consumer that bought these homes.
In somewhat response to my having contacting him and setting out what I assumed was an honest mistake the head of the Municipality’s “Inspection Department” was been working hard to “blow me off“!
I’ve been struggling to come up with any logic that could serve as someone’s foundation to substantively “Damage” consumers (and now tax-payers) while contradicting an executed CONTRACT that the Municipality itself had crafted and executed?
To come up with any kind of legal hypothesis you have to start with “who benefitted“?
In the matter of Bronte Harbour, the builder, the developer and the Municipality each had a great deal to gain financially in both cash up front, and for the Municipality “property taxes forever“!
Wouldn’t you think that the Municipality would be grateful and respectful to these tax payers?
So, who else is involved?
Well, that seems to leave only these consumers (tax payers) that have been materially and severely “Damaged” both financially but more significantly emotionally (the purchase of a home is an almost sacred event in most people’s lives)!
And the Municipality has proven more pre-occupied with rationalizing away the simple fact that it “failed to uphold its fiduciary” to these owners.
This is simple! It’s obvious!
There was a CONTRACT and that CONTRACT HAS NOT BEEN HONOURED!
Yet I’m getting all sorts of flawed logic and rewritten historic theory on how and why things are done but the reality is that “things aren’t allowed to get done” that contradict clauses in a CONTRACT (ANY CONTRACT)!
So again, the question “why would the Municipality allow one of the few consumer beneficial clauses in a lengthy and comprehensive Subdivision Agreement be pushed aside to the detriment of consumers that bought“???
I’ve been intellectually frustrated because I haven’t been able to come up with a logical explanation underpinning the mess that has developed at Bronte Harbourside in Oakville!
And then just last week news breaks that a “Halton Region a former Halton Region manager is facing charges of corruption, fraud, kickbacks and forgery involving infrastructure projects worth tens of millions of dollars”
These charges name a Mr. David Ohashi, a 16 year employee of Halton Region, where Oakville is, responsible for overseeing major infrastructure project, “faces 8 charges and 3 counts of accepting secret commissions, three counts of criminal corruption, fraud and using forged documents“.
Mr. Ohashi was actively employed at the time of his arrest and was immediately “released from employment” after being investigated.
I am not saying that any such impropriety is involved with Bronte Harbourside but it is apparent that civil servant corruption has been discovered in Halton Regional Government thus it seems appropriate to call for a thorough investigation into the matters that I’ve been blogging about at Bronte Harbourside as it is irrefutable that “consumers have been damaged and forced to live in unacceptable living conditions for month in direct contradiction of Clause 39 in the Municipalities Subdivision Agreement“.
The fact that it happened is egregious and unacceptable and potentially civilly damageable by these buyers (but why should they have to go through all that and why should they have been forced to live like they have).
Three of the parties (“Municipality, Developer, Builder“) made serious money while the only other party suffered!
Had everyone of the three simply done what they were supposed to and were in fact CONTRACTED to do, these consumers (tax payers) would NOT HAVE HAD THEIR WORLD SHATTERED!
For the Municipality to now attempt to simply “blow these people off” is just as offensive and unacceptable!
These consumers didn’t do anything wrong, did exactly what they contracted to do and in many instances went over and above what they had contracted to do (closed early to assist a builder crying “bankruptcy“) and in the end suffered for it and are continuing to suffer for it.
Some have initiated law suits at their own expense.
Most have serious deficiencies that are not being attended to.
The consequences of the Municipality’s behaviour are horrific and highly suspicious (there was a Subdivision Agreement and the Municipality did not honour it or require it to be honoured by all other parties)!
I am looking into how these consumers go about things from here anticipating that we will have to call in the Provincial Government.
This academic at the head of the Municipality’s Inspection Department (I almost choke every time I write the words “inspection department“) is responding resistantly (I had to chase him to get his promised reply after waiting 3 weeks for it after he said he would have it delivered).
I’ve got a great blog coming in which I’ll show you all the published lies on Sunrise’s web site and compare them to the claims set out in the law suit about to be filed naming Sunrise Homes, the shadow company that they registered (exclusively for this site to go bankrupt in the end with according to the suit) and each director of Sunrise – Muzammil Kodwavi, Sajjad Hussain, and Shakir Mohammed.
You just can’t make this kind of stuff up!
It would be highly entertaining if it were not so devastating to all of the consumers caught up in it.