1994-130 Authorize the Execution of Minutes Settlement and Agreement with BAFMA Inc.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW BO. 94-130
BEIBG A BY-LAW TO AUTHORIZE THE EXECUTION OF MINUTES OF
SETTLEMENT AND AGREEMENT BETWEEN 576487 ONTARIO LIMITED
CBAJ'KA INC.) AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
WHEREAS the corporation of the Township of Oro-Medonte and 5764
ontario Limited (BAFMA Inc.) are involved in various
proceedings;
AND WHEREAS the parties are desirous of resolving all
litigation and other issues between them;
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BOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
ORO-KEDONTE ENACTS AS FOLLOWS:
1. THAT the Deputy Mayor and Clerk are hereby authorized to
execute the Minutes of Settlement, attached hereto as
Schedule "A" and forming part of this By-law;
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2.
THAT the Deputy Mayor and Clerk are hereby authorized
to execute the Agreement, attached hereto as Schedule "B"
and forming part of this By-law;
3.
THAT the Deputy Mayor and Clerk are hereby authorized to
execute the Releases, attached hereto as Schedule "C" and
forming part of this By-law;
4.
THAT the Township Solicitors are directed to forthwith
take the necessary action to bring the above settlement
into full force and effect and to implement the same.
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5.
THAT this By-law come into full force and effect on its
final passing thereof.
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Read a first and second time this 7th day of September, 1994.
Read a third time and finally passed this 7th day of September,
1994.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Deputy Mayor Ian/ eard
Qw./..,A.<./ ",,-1r:v/:>f,rv'~{ ,
c:t.J(erk Darlene ShoeJ:lridge -
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11/01/ 1994 17: 30 FRO~l R I RD&BER J 5 CUPY LEN I PE
IU
,':jjt:ldbjl'(!j'="48'f'k113j !-'. 04
Schedule 3
BJU_F.ASE
.
The undersigned, ROBERT E. DRURY, DAVID CALDWELL and AU.AN
JOHNSON (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns and other legal representatives), Jointly and severally, release and
forever discharge BAFMA INC., FRAN HANNEY, DON HANNEY and 576487
ONTARIO LIMITED (herein called the RelcWiccs, which term includes succcssors, heirs,
executors, administrators, 85IIigns, partners, agents, employccs, officers, directors and
affiliated companies), jointly and severally, of and from all actions, causes of actions. claims
and demands of every nature or kind which were made or could have been made or were
in any way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, commenced In the Ontario Coun of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro.Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502189. commenced In thc Ontario
Court of Justice (General Division) at Barrie betwcen BAFMA Inc.
and 576487 Ontario Limited (plajntiffs by counterclaim) and The
Corporation of the Township of Oro-Medome (defendant by
counterclaim);
(c) Action Number 2996, commenced in the Supreme Coun of Ontario at
Barrie between The Corporation of the Township of Or{}-Medonte
(pJaiatifl) and 576487 Ontario Limited !lnd BAFMA Inc. (defenda.lts);
(d) Appeal Number Cl1074 (formerly 121)91), commenced in the Coun
of Appeal for Ontario arising out of an Order In Action Number 2996;
(e) Action Number 495151900, commcncel1 in the Ontario C'oun of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David CaJdwl\lI, David Burton,
AllIStair Crawford and Allan Johnson (defendants); and
(f) Ii Counterclaim in Action Number 49515J9OQ, commenced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro-Medontc (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
..
The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any cJaim
could arise against the Releaseea for contribution or indemnity in respect of the aforesaid
matters.
;\ND IT IS FURTHER AGREED that the Releasees do not admit any
liability to the Releasors and liability is in fact denied.
11/01/1994 17:31 FROM AIRD&BERIS COPY CEHTRE TO 83826317054870133 P.05
- 2 .
AND IT IS FURTHER AGREED that the Releasers de not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement,
. n IN W~ESS WHEREOF the Releasors has hcrcW1to set their hands and
seals this 4 I aay of )J I,.'IV'J), 1994.
SIGNED, SEALED AND DEUVERED
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in the presence of
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Raben E. Dnuy
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David Caldwell J 1f1
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Schedule 4
RELEASE
.
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONTARIO
LIMITED (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severally, release and forever discharge ROBERT E. DRURY
(herein called the Releasee, which term includes successors, heirs, executors, administrators,
assigns and other legal representatives), of and from all actions, causes of actions, claims and
demands of every nature or kind which were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, co=enced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. ( defendants);
(b) a Counterclaim in Action Number 8502/89, co=enced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Umited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro-Medonte (defendant by
counterclaim);
(c) Action Number 2996, co=enced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number Cll074 (formerly 121/91), co=enced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/90Q, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants); and
(f) a Counterclaim in Action Number 49515/90Q, co=enced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
.
The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasee for contribution or indemnity in respect of the aforesaid
matters.
AND IT IS FURTHER AGREED that the Releasee does not admit any
liability to the Releasors and liability is in fact denied.
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AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
by the Releasee.
IN WITNESS WHEREOF the Releasors have hereunto set their hands and
seals this f1day of rJO'/' ,1994.
SIGNED, SEALED AND DELIVERED
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Fran Hanney
576487 ONTARIO LIMITED
per,~t ;;;::~~-e~
Don Hanney 7
I have authority to bind the corporation
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Schedule 4
RELEASE
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONTARIO
LIMITED (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and several1y, release and forever discharge DAVID CALDWELL
(herein cal1ed the Releasee, which term includes successors, heirs, executors, administrators,
assigns and other legal representatives), of and from all actions, causes of actions, claims and
demands of every nature or kind which were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, co=enced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, co=enced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro-Medonte (defendant by
counterclaim);
(c) Action Number 2996, co=enced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number Cll074 (formerly 121/91), co=enced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/90Q, co=enced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants); and
(t) a Counterclaim in Action Number 49515/90Q, co=enced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
The Releasors covenant and agree not to make any claim or to co=ence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasee for contribution or indemnity in respect of the aforesaid
matters.
AND IT IS FURTHER AGREED that the Releasee does not admit any
liability to the Releasors and liability is in fact denied.
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AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
by the Releasee,
IN WITNESS WHEREOF the Releasors have hereunto set their hands and
seals this r tcfay of j-J 0';' ,1994,
SIGNED, SEALED AND DELIVERED
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in the presence of )
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Fran Hanney ,
576487 ONTARIO LIMITED
,
I have authority to bind the corporation
Schedule 4
RELEASE
.
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONTARIO
LIMITED (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severally, release and forever discharge ALLAN JOHNSON (herein
called the Releasee, which term includes successors, heirs, executors, administrators, assigns
and other legal representatives), of and from all actions, causes of actions, claims and
demands of every nature or kind which were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, commenced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintift) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro-Medonte (defendant by
counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintift) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number C1l074 (formerly 121/91), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515190Q, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants); and
(f) a Counterclaim in Action Number 49515190Q, commenced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasee for contribution or indemnity in respect of the aforesaid
matters.
.
AND IT IS FURTHER AGREED that the Releasee does not admit any
liability to the Releasors and liability is in fact denied.
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AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
by the Releasee.
IN WITNESS WHEREOF the Releasors have hereunto set their hands and
seals this ~y of )J IJ V, ,1994.
SIGNED, SEALED AND DELIVERED )
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in the presence of )
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Fran Hanney
576487 ONTARIO LIl\11T1ill
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on Hiinney /
I have authority to bind the corporation
.
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Schedule 4
RELEASE
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONTARIO
LIMITED (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severally, release and forever discharge THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE, DAVID BURTON and ALASTAIR
CRAWFORD (herein called the Releasees, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severally, of and from all actions, causes of actions, claims and
demands of every nature or kind which were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, commenced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintift) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Umited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro-Medonte (defendant by
counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number Cll074 (formerly 121/91), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/90Q, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants);
(f) a Counterclaim in Action Number 49515/90Q, commenced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Umited (defendants by counterclaim).
The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasees for contribution or indemnity in respect of the aforesaid
matters.
AND IT IS FURTHER AGREED that the Releasees do not admit any
liability to the Releasors and liability is in fact denied.
.
.
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AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
and/or the agreement forming Schedule 1 attached hereto.
IN WITNESS WHEREOF the Releasors has hereunto set their hands and
seals this ?1day of ;Jov, ,1994.
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SIGNED, SEALED AND DELIVERED
in the presence of
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Fran Hanney'
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Don Hanney,
Authorized Signing Officer
576487 ONTARIO LIMITED
P,r./~..7/
Don H ey
I have authority to bind the corporation
.
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Court File No.: 49515/90Q
ONTARIO COURT OF JUSTICE
(GENERAL DMSION)
BET WEE N:
BAFMA INC., FRAN HANNEY and DON HANNEY
Plaintiffs
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
ROBERT E. DRURY, DAVID CALDWELL, DAVID BURTON,
ALASTAIR CRAWFORD and ALLAN JOHNSON
Defendants
AND BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Plaintiff by
Counterclaim
-and-
BAFMA INC., FRAN HANNEY, DON HANNEY
and 576487 ONTARIO LIMITED
Defendants by
Counterclaim
MINUTES OF SEITLEMENT
WHEREAS the parties are presently involved in legal proceedings commenced in the
Ontario Court of Justice (General Division); being numbers 49515/90Q and 8502/89.
AND WHEREAS the parties are desirous of resolving all outstanding litigation and
other issues between them;
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AND WHEREAS the parties acknowledge that nothing in these Minutes of
Settlement constitutes any admission of liability by any of the parties for matters in issue in
the legal proceedings;
AND WHEREAS the parties acknowledge that the site plan agreement attached to
By-law 87-36 as Schedule "B" is of no force and effect;
.
AND WHEREAS BAFMA Inc, was dissolved on March 14, 1989 and has not been
revived;
AND WHEREAS 576487 Ontario Limited is the present and sole owner of the lands
hereinafter described;
NOW THEREFORE, the parties, in consideration of mutual promises given, agree
as follows:
1. The defendant, The Corporation of the Township of Oro-Medonte (the "Township"),
agrees:
(a) to do the following in connection with the outstanding litigation between the
parties:
(i) dismiss its counterclaim in Court File No. 49515/90Q without costs;
(ii) dismiss its action in Court File No. 8502/89 now pending in the Ontario
Court of Justice (General Division) without costs;
(iii) provide to the defendants a release in the form attached as Schedule
3;
(iv) abandon its right to appeal to the Supreme Court of Canada in Court
File No. Cll074 (formerly Court File No. 121/91) as disposed of by the
Court of Appeal for Ontario;
(v) to pay $15,000.00 as satisfaction of all of its costs to BAFMA Inc. and
576487 Ontario Limited as ordered by the Court of Appeal in Court
File No. Cll074 (formerly Court File No. 121/91), in respect of the
Court of Appeal ruling and all parties waive any rights to taxation;
(b) to undertake the construction of a certain roadway (the "Roadway"), subject
to obtaining the approvals referred to in subclause (iv) below, as defined in
the agreement attached to the Minutes of Settlement as Schedule "1" (the
"Agreement"), the construction of which shall be completed as follows:
(i) the subsurface of the Roadway shall be completed on or before
October 1, 1995 and such construction shall not interfere with the
traffic flow to and from 576487 Ontario Limited's operation of its
legally permitted events;
(ii) the construction of the Roadway shall be fully completed on or before
October 1, 1996 and such construction shall not interfere with the
traffic flow from 576487 Ontario Limited's operation of its legally
permitted events;
.
(iii) the Township shall if in its opinion the same is required, obtain at its
own expense any additional right of way required on the east side of
the Roadway to enable the Roadway to be constructed;
(iv) the Township shall obtain at its own expense any and all necessary
governmental approvals for the construction of the Roadway and
hereby undertakes to seek such approvals quickly and diligently; and
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(v)
the Township agrees not to levy or impose against Fran Hanney, Don
Hanney or 576487 Ontario Limited or the lands (the IlLandsll) as
defined in the Agreement any rates under the Local Improvement Act
nor any special rates or charges under any other Act specifically for the
purpose of recovering costs or expenses in connection with the
construction of the Roadway. The parties acknowledge that nothing in
this paragraph is intended to interfere or affect the ability of the
Township to levy or impose rates or charges of general application to
ratepayers, including the parties herein, or to pass licensing by-laws
which could apply to the parties herein;
.
(c) to execute the Agreement;
(d) to do the following in combination with an application intended to be
submitted by 576487 Ontario Limited for a proposed by-law amendment
related to the subject lands (the "Proposed Amendmentll) attached to the
Minutes of Settlement as Schedule "2";
(i) to cooperate in this matter with Fran Hanney and Don Hanney and to
approach residents who have or may have concerns in respect of the
Proposed Amendment with a view to addressing any concerns of those
residents in respect of the Proposed Amendment;
(ii) to process the Proposed Amendment in accordance with its IIGuidelines
for Developmentll of July, 1991 and revised in November, 1992 (except
site plan approval will not be required at this time unless building
permits are required) to the point of consideration by Council within
three (3) months from the date that the completed application for the
rezoning is submitted to the Township by 576487 Ontario Limited;
(iii) in the event a by-law is passed after the public meeting held pursuant
to s, 34 of the Planning Act in substantially the same form as attatched
as Schedule "2", to make application, together with 576487 Ontario
Limited, to the Ontario Municipal Board (the IIBoard") pursuant to s.
43 of the Ontario Municipal Board Act for an order amending its Order
dated September 23, 1986 authorizing the amendment of By-laws 86-50
and 87-36;
(iv) in the event that a by-law is enacted in substantially the same form as
attatched as Schedule 11211, but then appealed to the Board;
A. to support the by-law by providing to 576487 Ontario Limited (for
filing with the Board) a resolution of Council stating that Council
supports the by-law; and
B. unless otherwise arranged with 576487 Ontario Limited, to restrict its
involvement in the appeal hearing to the extent of providing to the
Board the resolution described in paragraph 1( d)(iv) A. above;
(v) to have the Township bear its own costs in connection with any of the
matters referred to in paragraphs 1( d) (i) through (iv) A above except
that 576487 Ontario Limited shall pay to the Township the normal
application fee and all advertising costs in connection with the
processing of its application.
.
2. The defendants other than the Township agree to provide the plaintiffs with a release
against all claims that were made or that could have been made in the counterclaim action
in Court File No. 49515/90Q.
3. The plaintiffs, Fran Hanney and Don Hanney, agree;
(a) to do the following in connection with the outstanding litigation between the
parties:
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(i) dismiss their action in Court File No. 49515/90Q without costs;
(ii) provide to the defendants a release in the form attached as Schedule
4;
(b)
to cooperate with the Township to obtain such approvals referred to in
paragraph l(b )(iv) above;
.
(c)
to cooperate with the Township to approach residents who have or may have
concerns in respect of the Proposed Amendment referred to in paragraph
1( d) above with a view to addressing their concerns; and
(d) to execute the Agreement.
4. The defendant by counterclaim 576487 Ontario Limited, agrees:
(a) to dismiss its counterclaim in Court File No. 8502/89 now pending in the
Ontario Court of Justice (General Division) without costs;
(b) to provide to the Township a release in the form attached as Schedule 4; and
(c) to dedicate to the Township without compensation any additional right of way
(to a maximum road widening allowance of three (3) meters) over the
southerly 500 ft. of the Lands for the purposes of the construction of the
Roadway pursuant to paragraph l(b) above;
(d) to pay to the Township the sum of Six Thousand Dollars ($6,000.00) upon
substantial completion of the roadway referred to above as certified by the
Township engineer, as complete satisfaction of amounts owing to the
Township in regards to planning and dust-control expenses and as set out in
invoices nos. 00300, 00398 and 00626.
5. The parties shall exchange releases pursuant to the Minutes of Settlement in the form
of those attached as Schedules "3" and "4".
6. The parties agree that time shall be of the essence in respect of the processing of the
Proposed Amendment, once submitted pursuant to paragraph l(d) above and the
construction of the Roadway pursuant to paragraph l(b) above.
7. The parties agree that for each month that the completion of the Roadway is delayed
for any reason, (except for a reason beyond the control of the Township), beyond the
October 1, 1996 completion date, the Township shall pay to 576487 Ontario Limited Five
Thousand Dollars ($5,000.00) on the first day of every month commencing November 1,
1996 until such time as the construction is complete or to a maximum of 120% of the actual
value of the completed Roadway, built to the Town's specifications, as certified by its
engineer. The parties acknowledge that the damages flowing from the Township's failure to
comply with the schedule for the construction of the Roadway are uncertain and agree that
the payment provided for herein is a fair and equitable pre-estimate of the plaintiffs'
damages,
8. All notices with respect to the Minutes of Settlement shall be delivered by prepaid
regular post to the plaintiffs, Fran Hanney and Don Hanney, and the defendant by
counterclaim, 576487 Ontario Limited, at:
.
49 Essa Road
Barrie, Ontario
LAN 7N3
P.O. Box 26006
and to the Township at:
P.O. Box 100
-5-
Oro, Ontario
LOL 2XO
9. The parties acknowledge that all Schedules referred to in the Minutes of Settlement
form an integral part of the Minutes of Settlement.
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10. The parties acknowledge that the Minutes of Settlement constitute the entire
agreement among the parties.
1 L The parties acknowledge each obligation set forth in these Minutes of Settlement is
separate and independent from each other such obligation. If any party breaches any such
obligation, each other party entitled to the performance of such obligation shall not be
relieved of any of its obligations set forth herein and each such other party's remedies in
respect of the obligation breached shall be restricted to a claim for specific performance or
damages, If any party makes any claim against any other party in respect of any obligation
set forth in these Minutes of Settlement, such other party shall not assert any existing or
future right of counterclaim, defence, set-off, compensation, abatement or off-set, at law or
in equity, which it otherwise would be entitled to assert against such claim by reason of the
non-performance of any other obligation set forth herein. if any obligation set forth in these
Minutes of Settlement, for any reason is invalid or breached by any party, such invalidity or
breach shall not affect the validity or enforceability of any remaining obligation set forth in
these Minutes of Settlement which shall remain in full force and effect.
12. These Minutes of Settlement shall be approved by a by-law duly enacted by Council
of the Township.
tA-
day of
IN WITNESS thereof, the parties hereto have executed this agreement this
August, 1994.
S:'::f.::;t,:'rvJ~):';:,1 "
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SIGNED, SEALED AND DELIVERED )
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THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per:
~__ Ji'u,J
Ian Beard !
Deputy-Mayor
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Per: lilt ")PAJ) , ~lk'L>L<..<:Y~
I; Darlene Shoebridge '
Clerk
Robert E. Drury
David Caldwell
QdL
VI Burton ~
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\~\~w" ~A~~
' 't "r Crawford
Alas al
Allan Johnson
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Fran Hanney /7
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on Hanney
"",7
< .L.<:::.e:..e. /(
576487 ONTARIO ~
~4/ ;;r:..4!..<::<:'~/7
Per: /
Don Hanney" "n Officer
Authorized S~t~riry to bind
I have the a~
the corporatIOn
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Schedule 1
THIS AGREEMENT dated the day of August, 1994
BET WEE N:
576487 ONTARIO LIMITED, a company incorporated
pursuant to the laws of the Province of Ontario
(hereinafter caHed the "Owner")
OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter caHed the "Township")
OF THE SECOND PART
WHEREAS the Owner is the owner of the lands described in Schedule "A'I (the "Lands");
AND WHEREAS the Council enacted By-law 86-50 to permit the use of the Lands for
automotive flea markets;
AND WHEREAS the Ontario Municipal Board by Order dated September 23, 1986
directed that the said By-law be amended so as to, among other things, include a site plan
and site plan agreement;
AND WHEREAS the Council enacted By-law No. 87-36 as directed by the said Order to
which there is attached a site plan agreement dated May 4, 1987 between the parties;
AND WHEREAS the said agreement has been declared invalid and ultra vires by Order
dated January 14, 1991 of the Ontario Court of Justice (General Division) and by Order of
the Court of Appeal for Ontario;
AND WHEREAS the Township has agreed not to appeal the said Order to the Supreme
Court of Canada;
AND WHEREAS it is to the benefit of the parties to construct a roadway (the "Roadway'l)
on the road al10wance between Concession 8 and 9 as set forth in Schedule "B" hereto;
AND WHEREAS the parties have agreed to enter into a new agreement to regulate the
operation of such temporary events on the Lands as may be permitted by by-law;
NOW THEREFORE the parties, in consideration of the above premises and other good
and valuable considerations agree as foHows:
1.
Covenants bv tbe Owner
The Owner Covenants that:
(a) It owns the Lands;
(b) It will use its best efforts to do the following:
(i) during an event, it will prohibit persons from entering the Lands before
7 a.m. or after 9 p.m. except that persons renting space for camping or
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vending and those engaged in the operation of the event may enter or
leave at any time;
(ii) during an event, it will require all points of access to the Lands to be
locked or placed under the supervision of a security guard after 10:00
p.m.;
(iii) it will control the Lands, for a 24 hour period in each day that an
event is occurring, so as to minimize traffic congestion, noise and the
illegal use of alcoholic beverages;
(iv) during an event, it will effect measures of dust control on internal
roadways;
(v) it will provide at its expense additional dust control as is necessary
immediately prior to and during an event on the road allowance
between Concession 8 and 9 between Highway No. 11 and the main
entrance to the Lands;
(vi) it will direct traffic exiting from the Lands during an event to proceed
northerly from the entrance on the road allowance between Concession
8 and 9 to Highway No. 11; and
(vii) it will maintain the buffering and fencing shown on Schedule C and will
maintain the 15 meter buffering area around the Hammond property,
including the existing vegetation screen along the boundary thereof,
and within such buffer area the parking of cars, display of goods and
materials is prohibited.
2. Effect of the Mav 4. 1987 Ae:reement
The parties acknowledge the said agreement dated May 4, 1987 is of no force and
effect and is no longer binding on the Owner.
3. Release of Undertakine:
The Parties acknowledge that the Owner is released from its undertaking dated June
18, 1991 to the Township.
4. Schedules
The following schedules form part of this Agreement:
(a) Schedule "A" description of the Lands;
(b) Schedule "B" description of the Roadway to be constructed;
(c) Schedule "C" forms part of the Agreement solely for the purpose of showing
the buffering, fencing and vegetation screen described in paragraph l(b )(vii)
above and for no other purpose.
5. Notices
AI] notices with respect to this agreement shall be de]ivered by prepaid regu]ar post
to the Owner at:
49 Essa Road
Barrie, Ontario
UN 7N3
P.O. Box 26006
and to the Township at:
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P.O, Box 100,
Oro, Ontario
LOL 2XO
IN WITNESS WHEREOF the parties have hereunto affixed their corporate seals,
duly attested to by the hands of its proper signing officers authorized in that behalf.
SIGNED, SEALED AND DELIVERED
in the Presence:
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576487 ONTARIO LIMITED
Per-
<>!::..<::.....e,e..,'A!-7'.<.-..
Don Hanney,
Authorized Signing Office
I have authority to sign and
bind the corporation
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per: k1.fr"" bl..<vl
Ian Beard I
Deputy-Mayor
Per: /./~ A.I..iZAv ~~'E.I.:>L dy:..'
;f Darlene Shoebridge,
Clerk
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and
being in the Township of Oro, in the County of Simcoe, and being composed of the
following:
FIRSTLY:
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PREMISING that the West limit of road allowance between Concession 8 and 9 is North
30 degrees 49 minutes 20 seconds West and relating all bearings herein thereto.
Part of the Northeast Quarter of Lot 22 in the Eighth Concession of the said Township of
Oro more particularly described as follows:
COMMENCING at the Northeast angle of the said Lot 22 where an iron bar has been
planted, being on the Westerly limit of the Road Allowance between Concessions 8 and 9
of the said Township;
THENCE Westerly along the northerly limit of the said Lot 22 on a bearing of South 58
degrees 45 minutes 25 seconds West a distance of 285.45 feet to an iron bar, being the point
of commencement of the lands herein;
THENCE continuing Westerly along the Northerly limit of the said Lot 22 to the line
between the East half and the West half of the said Lot 22;
THENCE Southerly along the line between the East half and the West half of the said lot
22 to the South limit of the Northeast Quarter of the said Lot 22;
THENCE Easterly along the South limit of the Northeast Quarter of the said Lot 22 to an
iran bar in the Westerly limit of the said Road Allowance between Concessions 8 and 9;
THENCE Northerly along the said Westerly limit of Road Allowance, on a bearing of North
30 degrees 49 minutes 20 seconds West to an iron bar distant 301.56 feet Southerly from the
Northeast angle of the said Lot 22;
THENCE South 59 degrees 11 minutes 25 seconds West a distance of 288.42 to an iran bar;
THENCE North 30 degrees 15 minutes 10 seconds West a distance of 299.42 feet to an iran
bar in the Northerly limit of the said Lot 22, being the point of commencement of the lands
herein.
SECONDLY
PREMISING that the West limit of the Road Allowance between Concession 8 and 9 is
North 30 degrees 49 minutes 20 seconds West and relating all bearings herein thereto;
Part of the East Half of Lot 21 in the Eight Concession of the said Township of Oro lying
south of the Road opened across the said Lot by By-law Number 130 of the Township of
Ora registered as Number 71452 Oro, more particularly described as follows:
COMMENCING at the Southeast angle of the said Lot 21, being the Northeast angle of Lot
22, where an iron bar has been planted in the Westerly limit of the Road Allowance
between Concession 8 and 9 of the said Township;
THENCE Northerly along the said westerly limit of Road Allowance on a bearing of North
30 degrees 52 minutes West a distance qf 1,070.61 feet to an iron bar;
. THENCE South 59 degrees 22 minutes West a distance of 800,0 feet;
THENCE North 30 degrees 52 minutes West a distance of 250.0 feet to the Southerly limit
of Provincial Highway Number 11;
THENCE Westerly along the Southerly limit of Provincial Highway Number 11 to the line
between the West half and the East half of the said Lot 21;
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THENCE Southerly along the line between the West half and the East half of said Lot 21
to the Southwest angle of the East half of said Lot 21;
THENCE Easterly along the Southerly limit of the East half of Lot 21 to the Easterly limit
of said Lot 21 where an iron bar has been planted in the Westerly limit of said Road
Allowance between Concession 8 and 9, and being the point of commencement of the lands
herein.
SAVE AND EXCEPT that part of said parcel expropriated by the Department of Highways
by Instrument Number 18703 for Oro, for the widening of Provincial Highway Number 11
in 1952;
SUBJECT TO an easement in favour of The Bell Telephone Company of Canada as
described in Registered Instrument Number 16808;
SAID lands being those lands described in Instrument Number 850934.
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SCHEDULE "B"
The Township has agreed to improve a roadway (the "Roadway") as follows:
(a) the Roadway shall be improved on the section of road allowance between
Concession 8 and 9 in the Township of Oro, in the County of Simcoe, or any
widened portion thereof, extending south from Highway 11 to the most
southerly boundary of the Lands described in Schedule "A"
(b)
the Roadway improvements shall consist of a further traffic lane to be
constructed ( a distance of approximately 1,900 feet as estimated by the
Township) on the section of the road allowance described in paragraph (a)
above proceeding from Highway 11 to the entrance to the site; and
(c) the section of road allowance described in paragraph (a) above and the
further traffic lane described in paragraph (b) above shall be constructed with
a suitable hard surface at a standard acceptable to the Township.
Schedule 2
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
.
By-law No.
Being a By-law to amend By-law No. 86-50, as amended by By-law No. 87-36,
WHEREAS By-law No. 1031 was enacted to regulate the use of land and
the character, location and use of buildings and structures within the former
Township of Oro.
AND WHEREAS the Council enacted By-law No. 86-50, to implement
Official Plan Amendment No. 22 and to permit temporary uses of the subject lands.
AND WHEREAS the Ontario Municipal Board by Order dated
September 23, 1986 directed that By-law No. 86-50 be amended and the Council
enacted By-law No. 87-36 in the form attached to the said Order.
AND WHEREAS it is deemed desirable to further amend By-law No.
86-50, as amended by By-law No. 87-36.
AND WHEREAS the Council is satisfied that the events permitted by
the further amendments to By-law No. 86-50, as amended by By-law No. 87-36, are
not detrimental to the best interest of the Township of Oro-Medonte.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS:
1: Section 1 of By-law No. 87-36 is hereby amended by deleting the words
"Schedules" A" and "B"" in the second line and inserting in their place the words
"Schedule "A""
2: Sections 3 and 4 of By-law No. 86-50, as amended by By-law No. 87-36, are
hereby deleted in their entirety and replaced with the following:
"3. Section 6.4 Exceptions is hereby amended by adding the following
cla uses:
"1. In addition to the permitted uses and requirements of
subsections 6.1, 6.2 and 6.3, those lands located in part of Lots 21 and 22,
Concession VIII and shown on Schedule "A" may be used for
temporary events and for concession booths, a campground and
parking accessory to a temporary event.
2.
"Temporary Event" means:
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an automotive flea market
a craft and hobby show
an antique show
a vehicle show
a boat show
an agricultural show
temporary occupancy by mobile homes or recreational vehicle
touring groups
recreational functions, country festivals, sports entertainments,
competitions and recitals organized by community, service,
cultural, religious, family, corporate, political, ethnic or other
similar organizations, or the owner of the said lands, excluding
an event held by a group promoting religious or racial hatred,
rock festivals and heavy metal performances
other events of a similar nature.
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3(i)
"agricultural fair" includes an event sponsored by a
canine, equestrian or similar organization for the
exhibiting of animals and birds, a rodeo or ploughing
match and may include an assembly of vendors offering
items associated with such an event for sale to the public.
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"antique show" includes an assembly of vendors offering
antique objects, other then motor vehicles, for sale to the
public.
3(iii) "automotive flea market" means an assembly of vendors
offering automobiles, trucks, recreational vehicles and
other similar vehicles, and parts, accessories and
collectibles thereof for sale to the public.
3(ii)
3(iv) "craft and hobby show" means an assembly of vendors
offering craft and hobby items for sale to the public.
3(v) "vehicle show" means an event at which motor vehicles,
including motorcycles, travel trailers and recreational
vehicles are displayed and demonstrated to the public, and
may include an assembly of vendors offering accessories
and collectibles associated with such an event for sale to
the public.
4, A Temporary Event shall not run for more than 4
consecutive days with the exception of temporary
occupancy by mobile homes or recreational vehicle
touring groups which shall not run for more than 9
consecutive days. Temporary Events in anyone year shall
not run for more than 100 days in the aggregate.
5. The lands adjacent to the said lands to the south known as
the Barrie Speedway may be used for parking accessory to
a Temporary Event during such an event.
6. Schedule "A" attached hereto forms part of the By-law."
3: This By-law shall come into force on the date of an Order of the
Ontario Municipal Board amending its Order dated September 23, 1986 by
authorizing the enactment of this By-law.
BY-LAW read a first and second time this day of
BY-LAW read a third time and finally passed this day of
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Reeve
.
Clerk
Schedule 3
RELEASE
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The undersigned, The Corporation of the Township of Oro-Medonte, Robert
E. Drury, David Caldwell, David Burton, Alastair Crawford and Allan Johnson (herein called
the Releasors, which term includes successors, heirs, executors, administrators, assigns,
partners, agents, employees, officers, directors and affiliated companies), jointly and
severally, release and forever discharge BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (herein called the Releasees, which term includes successors, heirs,
executors, administrators, assigns, partners, agents, employees, officers, directors and
affiliated companies), jointly and severally, of and from all actions, causes of actions, claims
and demands of every nature or kind which were made or could have been made or were
in any way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, commenced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro (plaintiff) and 576487 Ontario Inc, and BAFMA Inc.
(defendants );
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro (defendant by counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro (plaintiff)
and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number Cll074 (formerly 121/91), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/90Q, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro, Robert E. Drury, David Caldwell, David Burton, Alastair
Crawford and Allan Johnson (defendants); and
(f) a Counterclaim in Action Number 49515/90Q, commenced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro (plaintiff by counterclaim) and
BAFMA Inc., Fran Hanney, Don Hanney and 576487 Ontario Limited
(defendants by counterclaim).
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The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasees for contribution or indemnity in respect of the aforesaid
matters.
AND IT IS FURTHER AGREED that the Releasees do not admit any
liability to the Releasors and liability is in fact denied.
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AND IT IS FURTHER AGREED that the Releasees do not release any
claim or cause of action which may arise from any breach or default of the Minutes of
Settlement and/or the agreement forming Schedule 1 attached hereto.
IN WITNESS WHEREOF the Releasors has hereunto set their hands and
seals this '7 'day 1994.
SIGNED, SEALED AND DELIVERED
in the presence of
THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE
Per: J, p- .
Ian Beard, Depu -Mayor
J..i) /, . i
Per: 1../) A ,.ff/LC, UOPhl. ,~'9<
/( Darlene Shoebridge, Clerk
Robert E. Drury
David Caldwell
CJ~~
David BUrton
tf\Q~" 0 ^-~'~::A(&'
Alastair Crawford
Allan Johnson
"
Schedule 4
RELEASE
.
The undersigned, Fran Hanney, Don Hanney and 576487 Ontario Limited
(herein called the Releasors, which term includes successors, heirs, executors, administrators,
assigns, partners, agents, employees, officers, directors and affiliated companies), jointly and
severally, release and forever discharge The Corporation of the Township of Oro-Medonte,
Robert E. Drury, David Caldwell, David Burton, Alastair Crawford and Allan Johnson
(herein called the Releasees, which term includes successors, heirs, executors, administrators,
assigns, partners, agents, employees, officers, directors and affiliated companies), jointly and
severally, of and from all actions, causes of actio!,,;, claims and demands of every nature or
kind which were made or could have been made or were in any way related to or connected
with matters forming the subject of:
(a) Action Number 8502/89, commenced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro-Medonte (defendant by
counterclaim);
( c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number C11074 (formerly 121/91), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/90Q, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants);
(f) a Counterclaim in Action Number 49515/90Q, commenced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
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The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasees for contribution or indemnity in respect of the aforesaid
matters.
AND IT IS FURTHER AGREED that the Releasees do not admit any
liability to the Releasors and liability is in fact denied.
,I
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AND IT IS FURTHER AGREED that the Releasees do not release any
claim or cause of action which may arise from any breach or default of the Minutes of
Settlement and/or the agreement forming Schedule 1 attached hereto.
seals this
IN WITNESS WHEREOF the Releasors has hereunto set their hands and
day of , 1994.
SIGNED, SEALED AND DELIVERED
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J.. F~U ~A/YV ~
o..} I U , ~' ~ 1 Fran Hanney ~
) ~~~----\'
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) Don 1i nney I
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m'"'jf f
576487 ONTARIO LIMITED
perkt".c:c~-<,..-e
Don Hanney
(
I have authority to bind the corporation
Path:g:\o\oro\38263\minutes\minutes,set
Court File No,: 49515/90Q
ONTARIO COURT OF JUSTICE
(GENERAL DMSION)
BET WEE N:
.
BAFMA INC., FRAN HANNEY and DON HANNEY
Plaintiffs
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
ROBERT E. DRURY, DAVID CALDWELL, DAVID BURTON,
ALASTAIR CRAWFORD and ALLAN JOHNSON
Defendants
AND BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Plaintiff by
Counterclaim
-and-
BAFMA INC., FRAN HANNEY, DON HANNEY
and 576487 ONTARIO LIMITED
Defendants by
Counterclaim
MINUTES OF SETI'LEMENT
. WHEREAS the parties are presently involved in legal proceedings commenced in the
Ontario Court of Justice (General Division); being numbers 49515/90Q and 8502189.
AND WHEREAS the parties are desirous of resolving all outstanding litigation and
other issues between them;
-2-
AND WHEREAS the parties acknowledge that nothing in these Minutes of
Settlement constitutes any admission of liability by any of the parties for matters in issue in
the legal proceedings;
AND WHEREAS the parties acknowledge that the site plan agreement attached to
By-law 87-36 as Schedule "B" is of no force and effect;
.
AND WHEREAS BAFMA Inc. was dissolved on March 14, 1989 and has not been
revived;
AND WHEREAS 576487 Ontario Limited is the present and sole owner of the lands
hereinafter described;
NOW THEREFORE, the parties, in consideration of mutual promises given, agree
as follows:
1. The defendant, The Corporation of the Township of Oro-Medonte (the "Township"),
agrees:
(a) to do the following in connection with the outstanding litigation between the
parties:
(i) dismiss its counterclaim in Court File No. 49515/90Q without costs;
(ii) dismiss its action in Court File No. 8502189 now pending in the Ontario
Court of Justice (General Division) without costs;
(iii) provide to the defendants a release in the form attached as Schedule
3;
(iv) abandon its right to appeal to the Supreme Court of Canada in Court
File No. C11074 (formerly Court File No. 121/91) as disposed of by the
Court of Appeal for Ontario;
(v) to pay $15,000.00 as satisfaction of all of its costs to BAFMA Inc, and
576487 Ontario Limited as ordered by the Court of Appeal in Court
File No. Cll074 (formerly Court File No. 121/91), in respect of the
Court of Appeal ruling and an parties waive any rights to taxation;
(b) to undertake the construction of a certain roadway (the "Roadway"), subject
to obtaining the approvals referred to in subclause (iv) below, as defined in
the agreement attached to the Minutes of Settlement as Schedule "tl (the
"Agreement"), the construction of which shan be completed as follows:
(i) the subsurface of the Roadway shall be completed on or before
October 1, 1995 and such construction shan not interfere with the
traffic flow to and from 576487 Ontario Limited's operation of its
legally permitted events;
(ii) the construction of the Roadway shall be funy completed on or before
October 1, 1996 and such construction shall not interfere with the
traffic flow from 576487 Ontario Limited's operation of its legally
permitted events;
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(iii)
the Township shall if in its opinion the same is required, obtain at its
own expense any additional right of way required on the east side of
the Roadway to enable the Roadway to be constructed;
(iv) the Township shall obtain at its own expense any and all necessary
governmental approvals for the construction of the Roadway and
hereby undertakes to seek such approvals quickly and diligently; and
(v)
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the Township agrees not to levy or impose against Fran Hanney, Don
Hanney or 576487 Ontario Limited or the lands (the "Lands") as
defined in the Agreement any rates under the Local Improvement Act
nor any special rates or charges under any other Act specifically for the
purpose of recovering costs or expenses in connection with the
construction of the Roadway, The parties acknowledge that nothing in
this paragraph is intended to interfere or affect the ability of the
Township to levy or impose rates or charges of general application to
ratepayers, including the parties herein, or to pass licensing by-laws
which could apply to the parties herein;
( c) to execute the Agreement;
(d) to do the following in combination with an application intended to be
submitted by 576487 Ontario Limited for a proposed by-law amendment
related to the subject lands (the "Proposed Amendment") attached to the
Minutes of Settlement as Schedule "2";
(i)
(ii)
(iii)
(iv)
A.
B.
to cooperate in this matter with Fran Hanney and Don Hanney and to
approach residents who have or may have concerns in respect of the
Proposed Amendment with a view to addressing any concerns of those
residents in respect of the Proposed Amendment;
to process the Proposed Amendment in accordance with its IIGuidelines
for Developmentll of July, 1991 and revised in November, 1992 (except
site plan approval will not be required at this time unless building
permits are required) to the point of consideration by Council within
three (3) months from the date that the completed application for the
rezoning is submitted to the Township by 576487 Ontario Limited;
in the event a by-law is passed after the public meeting held pursuant
to s. 34 of the Planning Act in substantially the same form as attatched
as Schedule "2", to make application, together with 576487 Ontario
Limited, to the Ontario Municipal Board (the "Board") pursuant to s.
43 of the Ontario Municipal Board Act for an order amending its Order
dated September 23, 1986 authorizing the amendment of By-laws 86-50
and 87-36;
in the event that a by-law is enacted in substantially the same form as
attatched as Schedule "2", but then appealed to the Board;
to support the by-law by providing to 576487 Ontario Limited (for
filing with the Board) a resolution of Council stating that Council
supports the by-law; and
unless otherwise arranged with 576487 Ontario Limited, to restrict its
involvement in the appeal hearing to the extent of providing to the
Board the resolution described in paragraph 1( d) (iv) A. above;
to have the Township bear its own costs in connection with any of the
matters referred to in paragraphs l(d)(i) through (iv) A above except
that 576487 Ontario Limited shall pay to the Township the normal
application fee and all advertising costs in connection with the
processing of its application.
2. The defendants other than the Township agree to provide the plaintiffs with a release
against all claims that were made or that could have been made in the counterclaim action
in Court File No. 49515/90Q.
(v)
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3. The plaintiffs, Fran Hanney and Don Hanney, agree;
(a) to do the following in connection with the outstanding litigation between the
parties:
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(i) dismiss their action in Court File No. 49515/90Q without costs;
(ii) provide to the defendants a release in the form attached as Schedule
4;
(b)
to cooperate with the Township to obtain such approvals referred to in
paragraph l(b )(iv) above;
(c)
to cooperate with the Township to approach residents who have or may have
concerns in respect of the Proposed Amendment referred to in paragraph
l(d) above with a view to addressing their concerns; and
(d) to execute the Agreement.
4. The defendant by counterclaim 576487 Ontario Limited, agrees:
(a) to dismiss its counterclaim in Court File No. 8502/89 now pending in the
Ontario Court of Justice (General Division) without costs;
(b) to provide to the Township a release in the form attached as Schedule 4; and
(c) to dedicate to the Township without compensation any additional right of way
(to a maximum road widening allowance of three (3) meters) over the
southerly 500 ft. of the Lands for the purposes of the construction of the
Roadway pursuant to paragraph l(b) above;
(d) to pay to the Township the sum of Six Thousand Dollars ($6,000.00) upon
substantial completion of the roadway referred to above as certified by the
Township engineer, as complete satisfaction of amounts owing to the
Township in regards to planning and dust-control expenses and as set out in
invoices nos. 00300, 00398 and 00626,
5. The parties shaH exchange releases pursuant to the Minutes of Settlement in the form
of those attached as Schedules "3" and "4".
6, The parties agree that time shall be of the essence in respect of the processing of the
Proposed Amendment, once submitted pursuant to paragraph l(d) above and the
construction of the Roadway pursuant to paragraph l(b) above.
7. The parties agree that for each month that the completion of the Roadway is delayed
for any reason, (except for a reason beyond the control of the Township), beyond the
October 1, 1996 completion date, the Township shall pay to 576487 Ontario Limited Five
Thousand Dollars ($5,000.00) on the first day of every month commencing November 1,
1996 until such time as the construction is complete or to a maximum of 120% of the actual
value of the completed Roadway, built to the Town's specifications, as certified by its
engineer. The parties acknowledge that the damages flowing from the Township's failure to
comply with the schedule for the construction of the Roadway are uncertain and agree that
the payment provided for herein is a fair and equitable pre-estimate of the plaintiffs'
damages.
8. All notices with respect to the Minutes of Settlement shall be delivered by prepaid
regular post to the plaintiffs, Fran Hanney and Don Hanney, and the defendant by
counterclaim, 576487 Ontario Limited, at:
49 Essa Road
Barrie, Ontario
IAN 7N3
P.O. Box 26006
and to the Township at:
P.O. Box 100
Ora, Ontario
LOL 2XO
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9. The parties acknowledge that all Schedules referred to in the Minutes of Settlement
form an integral part of the Minutes of Settlement.
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10. The parties acknowledge that the Minutes of Settlement constitute the entire
agreement among the parties.
11. The parties acknowledge each obligation set forth in these Minutes of Settlement is
separate and independent from each other such obligation. If any party breaches any such
obligation, each other party entitled to the performance of such obligation shall not be
relieved of any of its obligations set forth herein and each such other party's remedies in
respect of the obligation breached shall be restricted to a claim for specific performance or
damages. If any party makes any claim against any other party in respect of any obligation
set forth in these Minutes of Settlement, such other party shall not assert any existing or
future right of counterclaim, defence, set-off, compensation, abatement or off-set, at law or
in equity, which it otherwise would be entitled to assert against such claim by reason of the
non-performance of any other obligation set forth herein. if any obligation set forth in these
Minutes of Settlement, for any reason is invalid or breached by any party, such invalidity or
breach shall not affect the validity or enforceability of any remaining obligation set forth in
these Minutes of Settlement which shall remain in full force and effect.
12. These Minutes of Settlement shall be approved by a by-law duly enacted by Council
of the Township.
IN WITNESS thereof, the parties hereto have executed this agreement this 7;1d~y of
~t, 1994.
J;;t<j{'tt4!I'", b~j'-
SIGNED, SEALED AND DELIVERED
in the Presence:
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THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Per:
&& tfJ
Ian Beard '
Deputy-Mayor
Per: 4~jVCi!.A.<./ '~JPrYi
I Darlene Shoebridge
Clerk
c::;/c,.t' _~
/
Robert E. Drury
David Caldwell
,~~
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avi Burton
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'~(\o& r\ A 0
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:Alastair Crawford -,~
Allan Johnson
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.---:
576487 ONTARIO LIMITED
Per:
Don Han :;L-<>C-<~(-7
Authorized Signing Officer
I have the authority to bind
the corporation
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Schedule 1
THIS AGREEMENT dated the day of August, 1994
BET WEE N:
576487 ONTARIO LIMITED, a company incorporated
pursuant to the laws of the Province of Ontario
(hereinafter called the IIOwner")
OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSIDP OF ORO-MEDONTE
(hereinafter called the "Township")
OF THE SECOND PART
WHEREAS the Owner is the owner of the lands described in Schedule IIN' (the "Landsl);
AND WHEREAS the Council enacted By-law 86-50 to permit the use of the Lands for
automotive flea markets;
AND WHEREAS the Ontario Municipal Board by Order dated September 23, 1986
directed that the said By-law be amended so as to, among other things, include a site plan
and site plan agreement;
AND WHEREAS the Council enacted By-law No. 87-36 as directed by the said Order to
which there is attached a site plan agreement dated May 4, 1987 between the parties;
AND WHEREAS the said agreement has been declared invalid and ultra vires by Order
dated January 14, 1991 of the Ontario Court of Justice (General Division) and by Order of
the Court of Appeal for Ontario;
AND WHEREAS the Township has agreed not to appeal the said Order to the Supreme
Court of Canada;
AND WHEREAS it is to the benefit of the parties to construct a roadway (the IIRoadway")
on the road allowance between Concession 8 and 9 as set forth in Schedule liB" hereto;
AND WHEREAS the parties have agreed to enter into a new agreement to regulate the
operation of such temporary events on the Lands as may be permitted by by-law;
NOW THEREFORE the parties, in consideration of the above premises and other good
and valuable considerations agree as follows:
1.
Covenants bv the Owner
The Owner Covenants that:
(a) It owns the Lands;
(b) It will use its best efforts to do the following:
(i) during an event, it will prohibit persons from entering the Lands before
7 a.m. or after 9 p.m. except that persons renting space for camping or
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 94-130
BBING A BY-LAW TO AUTHORIZE THE EXECUTION OF MINUTES OF
SETTLEMENT AND AGREEMENT BETWEEN 576487 ONTARIO LIMITED
(BAFMA INC.) AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
tt
WHEREAS the Corporation of the Township of Oro-Medonte and
ontario Limited (BAFMA Inc.) are involved in various
proceedings;
576487
legal
AND WHEREAS the parties are desirous of resolving all outstanding
litigation and other issues between them;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE ENACTS AS FOLLOWS:
1. THAT the Deputy Mayor and Clerk are hereby authorized to
execute the Minutes of settlement, attached hereto as
Schedule "A" and forming part of this By-law;
2. THAT the Deputy Mayor and Clerk are hereby authorized
to execute the Agreement, attached hereto as Schedule "B"
and forming part of this By-law;
3. THAT the Deputy Mayor and Clerk are hereby authorized to
execute the Releases, attached hereto as Schedule "C" and
forming part of this By-law;
4. THAT the Township Solicitors are directed to forthwith
take the necessary action to bring the above settlement
into full force and effect and to implement the same.
5. THAT this By-law come into full force and effect on its
final passing thereof.
Read a first and second time this 7th day of September, 1994.
Read a third time and finally passed this 7th day of September,
1994.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
J
,4k" /fU).AJ
Deputy Mayor Ian Beard
I ,
/-i, /
/Vp,..JJ/,/J.. ~{:iJ/-Y;-v''j''
alerk Dar~ene ShoeDridge
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P.O. Box 100,
Oro, Ontario
LOL 2XO
IN WITNESS WHEREOF the parties have hereunto affixed their corporate seals,
duly attested to by the hands of its proper signing officers authorized in that behalf.
SIGNED, SEALED AND DELIVERED
in the Presence:
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576487 ONTARIO LIMITED
Per:1
on Hanney,
Authorized Signing Officer
I have authority to sign and
bind the corporation
THE CORPORATION OF THE
TOWNSHIP OF ORO.MEDONTE
Per:
tl~ g~
Ian Beard /
Deputy-Mayor
"J
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. "",:. "." ,..' ;" '
Per. ' ,:'4 :LL/L"~' . d~L..k.IYY;V
/( Darlene Shoebridge, /
Clerk
SCHEDULE "An
ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and
being in the Township of Oro, in the County of Simcoe, and being composed of the
foHowing:
FIRSTLY:
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PREMISING that the West limit of road aHowance between Concession 8 and 9 is North
30 degrees 49 minutes 20 seconds West and relating aH bearings herein thereto.
Part of the Northeast Quarter of Lot 22 in the Eighth Concession of the said Township of
Oro more particularly described as foHows:
COMMENCING at the Northeast angle of the said Lot 22 where an iron bar has been
planted, being on the Westerly limit of the Road Allowance between Concessions 8 and 9
of the said Township;
THENCE Westerly along the northerly limit of the said Lot 22 on a bearing of South 58
degrees 45 minutes 25 seconds West a distance of 285.45 feet to an iron bar, being the point
of commencement of the lands herein;
THENCE continuing Westerly along the Northerly limit of the said Lot 22 to the line
between the East half and the West half of the said Lot 22;
THENCE Southerly along the line between the East half and the West half of the said lot
22 to the South limit of the Northeast Quarter of the said Lot 22;
THENCE Easterly along the South limit of the Northeast Quarter of the said Lot 22 to an
iron bar in the Westerly limit of the said Road Allowance between Concessions 8 and 9;
THENCE Northerly along the said Westerly limit of Road Allowance, on a bearing of North
30 degrees 49 minutes 20 seconds West to an iron bar distant 301.56 feet Southerly from the
Northeast angle of the said Lot 22;
THENCE South 59 degrees 11 minutes 25 seconds West a distance of 288.42 to an iron bar;
THENCE North 30 degrees 15 minutes 10 seconds West a distance of 299.42 feet to an iron
bar in the Northerly limit of the said Lot 22, being the point of commencement of the lands
herein.
SECONDLY
PREMISING that the West limit of the Road Allowance between Concession 8 and 9 is
North 30 degrees 49 minutes 20 seconds West and relating aH bearings herein thereto;
Part of the East Half of Lot 21 in the Eight Concession of the said Township of Oro lying
south of the Road opened across the said Lot by By-law Number 130 of the Township of
Oro registered as Number 71452 Oro, more particularly described as foHows:
COMMENCING at the Southeast angle of the said Lot 21, being the Northeast angle of Lot
22, where an iron bar has been planted in the Westerly limit of the Road Allowance
between Concession 8 and 9 of the said Township;
THENCE Northerly along the said westerly limit of Road Allowance on a bearing of North
30 degrees 52 minutes West a distance of 1,070.61 feet to an iron bar;
_ THENCE South 59 degrees 22 minutes West a distance of 800.0 feet;
THENCE North 30 degrees 52 minutes West a distance of 250.0 feet to the Southerly limit
of Provincial Highway Number 11;
THENCE Westerly along the Southerly limit of Provincial Highway Number 11 to the line
between the West half and the East half of the said Lot 21;
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THENCE Southerly along the line between the West half and the East half of said Lot 21
to the Southwest angle of the East half of said Lot 21;
THENCE Easterly along the Southerly limit of the East half of Lot 21 to the Easterly limit
of said Lot 21 where an iron bar has been planted in the Westerly limit of said Road
Allowance between Concession 8 and 9, and being the point of commencement of the lands
herein,
SAVE AND EXCEPT that part of said parcel expropriated by the Department of Highways
by Instrument Number 18703 for Ora, for the widening of Provincial Highway Number 11
in 1952;
SUBJECf TO an easement in favour of The Be]] Telephone Company of Canada as
described in Registered Instrument Number 16808;
SAID lands being those lands described in Instrument Number 850934.
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SCHEDULE "B"
The Township has agreed to improve a roadway (the "Roadway") as follows:
(a) the Roadway shall be improved on the section of road allowance between
Concession 8 and 9 in the Township of Oro, in the County of Simcoe, or any
widened portion thereof, extending south from Highway 11 to the most
southerly boundary of the Lands described in Schedule "A"
the Roadway improvements shall consist of a further traffic lane to be
constructed ( a distance of approximately 1,900 feet as estimated by the
Township) on the section of the road allowance described in paragraph (a)
above proceeding from Highway 11 to the entrance to the site; and
(c) the section of road allowance described in paragraph (a) above and the
further traffic lane described in paragraph (b) above shall be constructed with
a suitable hard surface at a standard acceptable to the Township.
(b)
F or Large Map see
File
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Schedule 2
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
"
By-law No.
Being a By-law to amend By-law No. 86-50, as amended by By-law No. 87-36.
WHEREAS By-law No. 1031 was enacted to regulate the use of land and
the character, location and use of buildings and structures within the former
Township of Oro.
AND WHEREAS the Council enacted By-law No. 86-50, to implement
Official Plan Amendment No. 22 and to permit temporary uses of the subject lands,
AND WHEREAS the Ontario Municipal Board by Order dated
September 23, 1986 directed that By-law No. 86-50 be amended and the Council
enacted By-law No. 87-36 in the form attached to the said Order.
AND WHEREAS it is deemed desirable to further amend By-law No.
86-50, as amended by By-law No. 87-36.
AND WHEREAS the Council is satisfied that the events permitted by
the further amendments to By-law No. 86-50, as amended by By-law No. 87-36, are
not detrimental to the best interest of the Township of Oro-Medonte.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE ENACTS AS FOLLOWS:
1: Section 1 of By-law No. 87-36 is hereby amended by deleting the words
"Schedules" A" and "B"" in the second line and inserting in their place the words
"Schedule" A""
2: Sections 3 and 4 of By-law No. 86-50, as amended by By-law No. 87-36, are
hereby deleted in their entirety and replaced with the following:
"3. Section 6.4 Exceptions is hereby amended by adding the following
clauses:
"1. In addition to the permitted uses and requirements of
subsections 6.1, 6.2 and 6.3, those lands located in part of Lots 21 and 22,
Concession VIII and shown on Schedule "A" may be used for
temporary events and for concession booths, a campground and
parking accessory to a temporary event.
2.
"Temporary Event" means:
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an automotive flea market
a craft and hobby show
an antique show
a vehicle show
a boat show
an agricultural show
temporary occupancy by mobile homes or recreational vehicle
touring groups
recreational functions, country festivals, sports entertainments,
competitions and recitals organized by community, service,
cultural, religious, family, corporate, political, ethnic or other
similar organizations, or the owner of the said lands, excluding
an event held by a group promoting religious or racial hatred,
rock festivals and heavy metal performances
other events of a similar nature.
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3(i)
"agricultural fair" includes an event sponsored by a
canine, equestrian or similar organization for the
exhibiting of animals and birds, a rodeo or ploughing
match and may include an assembly of vendors offering
items associated with such an event for sale to the public.
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3(ii)
"antique show" includes an assembly of vendors offering
antique objects, other then motor vehicles, for sale to the
public.
3(iii) "automotive flea market" means an assembly of vendors
offering automobiles, trucks, recreational vehicles and
other similar vehicles, and parts, accessories and
collectibles thereof for sale to the public.
3(iv) "craft and hobby show" means an assembly of vendors
offering craft and hobby items for sale to the public.
3(v) "vehicle show" means an event at which motor vehicles,
including motorcycles, travel trailers and recreational
vehicles are displayed and demonstrated to the public, and
may include an assembly of vendors offering accessories
and collectibles associated with such an event for sale to
the public.
4. A Temporary Event shall not run for more than 4
consecutive days with the exception of temporary
occupancy by mobile homes or recreational vehicle
touring groups which shall not run for more than 9
consecutive days. Temporary Events in anyone year shall
not run for more than 100 days in the aggregate.
5. The lands adjacent to the said lands to the south known as
the Barrie Speedway may be used for parking accessory to
a Temporary Event during such an event.
6. Schedule "A" attached hereto forms part of the By-law."
3: This By-law shall come into force on the date of an Order of the
Ontario Municipal Board amending its Order dated September 23, 1986 by
authorizing the enactment of this By-law.
BY-LAW read a first and second time this day of
BY-LAW read a third time and finally passed this day of
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Reeve
.
Clerk
I,
./
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Schedule 3
RELEASE
The undersigned, The Corporation of the Township of Oro-Medonte, Robert
E. Drury, David Caldwell, David Burton, Alastair Crawford and Allan Johnson (herein called
the Releasors, which term includes successors, heirs, executors, administrators, assigns,
partners, agents, employees, officers, directors and affiliated companies), jointly and
severally, release and forever discharge BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (herein called the Releasees, which term includes successors, heirs,
executors, administrators, assigns, partners, agents, employees, officers, directors and
affiliated companies), jointly and severally, of and from all actions, causes of actions, claims
and demands of every nature or kind which were made or could have been made or were
in any way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, commenced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro (plaintiff) and 576487 Ontario Inc. and BAFMA Inc.
(defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro (defendant by counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro (plaintiff)
and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number Cll074 (formerly 121/91), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/90Q, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro, Robert E. Drury, David Caldwell, David Burton, Alastair
Crawford and Allan Johnson (defendants); and
(f) a Counterclaim in Action Number 49515/90Q, commenced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro (plaintiff by counterclaim) and
BAFMA Inc., Fran Hanney, Don Hanney and 576487 Ontario Limited
(defendants by counterclaim).
The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasees for contribution or indemnity in respect of the aforesaid
matters.
AND IT IS FURTHER AGREED that the Releasees do not admit any
liability to the Releasors and liability is in fact denied.
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AND IT IS FURTHER AGREED that the Releasees do not release any
claim or cause of action which may arise from any breach or default of the Minutes of
Settlement and/or the agreement forming Schedule 1 attached hereto.
IN WITNESS WHEREOF the Releasors has hereunto set their hands and
seals this 7/'aay of . , 1994.
SIGNED, SEALED AND DELIVERED
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in the presence of )
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THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE
Per:
~ 13f-J? ()
Ian Beard, Depu -Mayor
Per:fi'(AA~:VU2/ XJ....W.L~/:J/'L:
"I Darlene Shoebridge, Clerk
Robert E. Drury
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-David BUNeR -~il)(l~t):.Lf:.I.~
~J~, t\.A~~'~ .
Alastair Crawfi d
Allan Johnson
,
Schedule 3
.BEI.RASE
.
The undersigned, ROBERT E. DRURY, DAVID CALDWELL and AU.AN
JOHNSON (herein called the Releasors, which term includes successors, heirs, exeCutors,
administrators, assigns and omer legaJ representatives), jointly and severally, release and
forever discharge BAFMA INC., FRAN HANNEY, DON HANNEY and 576487
ONTARIO LIMITED (herein called the Releasees, which term includes successors, heirs.
executors, administrators, assigns, partners, agents, employees, officers, directors and
affiliated companies), jointly and severally, of and from all actions, causes of actions. claims
and demands of every nBture or kind which were made or could have been made or were
in any way related to or connected wim matters forming me subject of:
(a) Action Number 8502/89, commenced In the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Towmhip of Oro-Medontc (defendant by
counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintift) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number Cl1074 (formerly 121191). commenced in me Court
of Appeal for Ontario arising out of an Orc1er in Action Number 2996;
(e) Action Number 495151900, commenced in the Ontario Coun of Jwtice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Towmhip of
Oro-Medonte, Robert E. Dtury, David Caldwell, David Burton,
A1ll8tHlr Crawford and Allan Johnson (defendants); and
(f) a Cowlterclaim in Action Number 4951519OQ, commenced in the
Ontario Court of Juatice (General Division) at Toronto between The
Corporation of !.he Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
The Relc:asors covenant and agree not to make any claim or to commence or
maintain any action or proceeding agailUit any person or corporation in which any claim
could arise against the Releasees for contribution or indemnity in respect of me aforesaid
matters.
. AND IT IS FURTHER AGREED that the Releasees do not admit any
liability to the Releasors and liability is in fact denied.
- 2 .
AND IT IS FURTHER AGREED that the Releasors do not release any cJaim
or ca\l.'ie of action which may arise from any breach or default of the Minutes of Settlement.
, (I IN WlTI'fESS WHEREOF the Releasors has hereunto set their hands and
seals this L( day of )J"~ 1994.
e
SIGNED, SEALED AND DEUVERED )
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in ~ of 00_ </() ,/. MJ tftJ
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(J..4U c;?~ ) )
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i, Oarlene Shoe bridge, Clarl< of 11111
Corporatlol1 of !h<ll Towl1$h!p ~
Oro.Medol1!a do h!!reby "artily undlilr my
hand and !he corporllta 1111111 IMI Ihlil
hi II lrue! IIn!! O<:lffllltJI oopy 01
~!l&lHlIIIy~II1~MfjOil'
Om~
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. 2.
AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cawc of action which roay arise froro any breach or default of the Minutes of Settlement,
, n IN W~ WHEREOF the Releasors has hercWlto set their hands and
seals this L( aay of )J ~ 1994.
e
SIGNED, SEALED AND DEUVERED )
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in~Ofoc;_ c/tJJ. M'tA-d
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David Caldwell
J
I, Darlene Shoebrldge, of 1111'1
Corporation of thO!! Town~hlp m
Ora-Medonle do herllby !)enlly uMer my
hand and the corporalll 91!1!!1 Ihlll Ih'
Is a truE! I!nd oorrllm !)Opl' of
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Schedule 4
RRT.F.ASE
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONT ARlO
LIMITED (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, cmployees, officers, directors and affiliated
companies), jointly and severally, releasc and forever discharge THE CORPORATION OF
THE TOWNSHIP OF ORO-MEDONTE, DAVID BURTON and AlASTAIR
CRA \\'FORD (herein called the Releasees, wb1cl1 tenn includes successors, heirs, exccutors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severally, of and from aU actions, causes of actions, claims and
demands of every nature or kind wb1ch were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Action Number 8502J89, commenced in the Ontario Court of Justice
(General DMsion) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
(".oun of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro.Medonte (defendant by
counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonle
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendant.~);
(d) Appeal Number Cl1074 (formerly 121191), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515190Q, commenced in the Ontario Court of Justice
(General Division) at Toromo between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medontc, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants);
(f) a Counterclaim in Action Number 49515190Q, commenced in the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro.Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the ReJeasees for contribution or indemnity in respect of the aforesaid
. matters.
AND IT IS FURTHER AGREED that the ReJeasees do not admit any
liability to the Re1easors and liability is in fact denjed.
.
.
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AND IT IS FURTHER AGREED that the Relew;ors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
and/or the agreement fanning Schedule 1 attached hereto.
IN WITNESS WHEREOF the Releasors has hereunto set their hands and
seals this f1Jay of Noll ,1994.
SIGNED, SEALED AND DELIVERED
in the presence of
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Fran anney ,
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DOD RaDney,
Authoriud Signing Officer
576487 ONTARIO LIMITED
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Don Ra y
I have ftutbority to bind the corporation
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Schedule 4
RELEASE
e
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONTARIO
LIMITED (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severaJly, release and forever discharge ALLAN JOHNSON (herein
called the Releasee, which term includes successors, heirs, executors, administrators, assigns
and other legal representatives), of and from all actions, causes of actions, claims and
demands of every nature or kind which were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Action Number 8502/89, commenced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro-Medonte (defendant by
counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number Cll074 (formerly 121/91), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/900, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants); and
(f) a Counterclaim in Action Number 49515/900, comD1enced In the
Ontario Court of Justice (General Division) at Toronto between The
Corporation of the Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Frnn HaIUley, Don HaIUley and
576487 Ontario Limited (defendants by counterclaim).
The Releasors covenant and agree not to make any claim or to commence or
maintain any action or proceeding against any person or corporation in which any claim
could arise against the Releasee for contribution or indemnity in respect of the aforesaid
matters.
.
AND IT IS FURTHER AGREED that the Releasee docs not admit any
liability to the Releasors and liability is in fact denied.
.
.
12/13/1994 10: 58 FROM AIRD&BERL1S COP\) Centre 2 TO
- 2 .
83825.51' M:>4cl'l\::JU5 t-', \::J (
AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
by the Releasee.
IN WITNESS WHEREOF the Releasors have hereunto set their hands and
seals this I('lda'yof )J 11 V, ,1994,
SIGNED, SEALED AND DELIVERED
in the presence of
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- Don Hanney //
576487 ONTARIO LIMI'I"EU
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on Hanney /
I have authority to bind the corporation
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.
12/13/1'j':J4 H;P:,'j rl~UM HIKLJc..tI!::.t\Ll::i COP!:.i L:entr'e ~ IU
tj.'::lt;I~b51- (1:::):';)4t:1" (I..:::) 1.5.5 r'. lJtJ
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Schedule 4
RELEASE
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONTARIO
LIMITED (herein called the Releasors, which tenn incJudes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severa ny, release and forever discharge ROBERT E. DRURY
(herein caned the Releasee, which term includes successors, heirs, executors, administrators,
assigns and other legal representatives), of and from aJl actions, causes of actions, claims and
demands of every nature or kind which were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Act!on Number 8502189, commenced in tbe Ontario Coun of JI"stice
(Genera! Division) at Barrie between The Corporation of the
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. and
BAFMA Inc. (defendants);
(b) a Counterclaim in Action Number 8502/89, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Umited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro.Medonte (defendant by
counterclaim):
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendants):
(d) Appeal Number Cll074 (formerly 121191), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 49515/900, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte, Robert E. Drury, David Caldwell, David Burton,
Alastair Crawford and Allan Johnson (defendants); and
(f) II Counterclaim in Action Number 49515/900, commenced in the
Ontario Court of Justice (General Division) at Toronto betweeIl 111e
Corporation of the Township of Oro-Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
The Rcleasors covenant and agree not to make any claim or to commence or
maintaiIl any action or proceeding against any person or corporation in which any claim
CQuld arise against the Releasee for contribution or indemnity in respcl;t Qf the aforesaid
matters.
AND IT IS FURTHER AGREED that the Releasee does not admit any
liability to the Releasors and liability is in fact denied.
-
.
1.:::/1,j/1':.1';;4 11;UI:::J t-I'"<Uf'! HIKV6:tlt:.h:Ll:::' i....OP!d Lentre .!. IU
- 2 -
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AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
by the Releasee.
IN WITNESS WHEREOF the Releasors have hereunto set their hands and
sea!s this ftday of /...b-" , ,1994.
SIGNED, SEALED AND DELIVERED
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on Hanney
576487 ONTARIO LIMITED
per:h ;:;;::<_~:-c~y
Don Hanney '7
I have authority to bind the corporation
12/13/1994 11 '00 FROf1 AIRD&BERLlS COP!! Centre :2 TO
8382531'iU::r4e1'iULU "'.11:1
Schedule 4
RELEASE
.
The undersigned, FRAN HANNEY, DON HANNEY and 576487 ONTARIO
LIMITED (herein called the Releasors, which term includes successors, heirs, executors,
administrators, assigns, partners, agents, employees, officers, directors and affiliated
companies), jointly and severally, release and forever discharge DAVID CALDWELL
(herein called the Releasee, which term includes successors, heirs, executors, administrators,
assigns and other legal representatives), of and from all actions, causes of actions, claims and
demands of every nature or kind which were made or could have been made or were in any
way related to or connected with matters forming the subject of:
(a) Action Number 8502189, commenced in the Ontario Court of Justice
(General Division) at Barrie between The Corporation of the:
Township of Oro-Medonte (plaintiff) and 576487 Ontario Inc. nnd
BAFMA Ine. (defendants);
(b) a Counterclaim in Action Number 8502189, commenced in the Ontario
Court of Justice (General Division) at Barrie between BAFMA Inc.
and 576487 Ontario Limited (plaintiffs by counterclaim) and The
Corporation of the Township of Oro-Medonte (defendant by
counterclaim);
(c) Action Number 2996, commenced in the Supreme Court of Ontario at
Barrie between The Corporation of the Township of Oro-Medonte
(plaintiff) and 576487 Ontario Limited and BAFMA Inc. (defendants);
(d) Appeal Number C11074 (formerly 121/91), commenced in the Court
of Appeal for Ontario arising out of an Order in Action Number 2996;
(e) Action Number 4951.5/90Q, commenced in the Ontario Court of Justice
(General Division) at Toronto between BAFMA Inc., Fran Hanney
and Don Hanney (plaintiffs) and The Corporation of the Township of
Oro-Medonte. Robert E. Drury, David CaJdwell, David Burton,
AJastair Crawford and AJlan Johnson (defendants); and
(f) a Counterclaim in Action Number 49515/90Q, commc:nced in the
Ontario Court of Justice (Genera] Division) at Toronto between The
Corporation of the Township of Oro.Medonte (plaintiff by
counterclaim) and BAFMA Inc., Fran Hanney, Don Hanney and
576487 Ontario Limited (defendants by counterclaim).
The Releasors covenant and agree not to make any chum or to commence or
maintain any action or proceeding against any person or corporation in which any daim
could arise against the Releasee for contribution or indemnity in respect of the aforesaid
matters.
.
AND IT IS FURTHER AGREED that the Releasee does not admit any
liability to the Releasors and liability is in facl denied,
It
.
12/13/1994 11: 01 FROM AIRD&BERLIS Cop~ Centre 2 TO
.
.2.
8382b31'IJl1:..4L:J'('11133 1-'.11
AND IT IS FURTHER AGREED that the Releasors do not release any claim
or cause of action which may arise from any breach or default of the Minutes of Settlement
by the Releasee,
IN WITNESS WHEREOF the Releasors have hereunto set their hands and
seals this r tctay of j-Jo.l' ,1994.
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in the presence of )
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SIGNED, SEALED AND DELIVERED
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570487 ONTARIO LIMITED
Per ' ~~}
on Hanney
I bave authority to bind the corporation
TOTAL P. 11