Two long running appeals to Ontario’s Information and Privacy Commissioner (IPC) requesting Southlake Regional Health Centre disclose key records relating to their now abandoned plans for a new acute hospital at Bathurst in the Protected Greenbelt have ended their so-called “mediation” phase.  The appeals are to be transferred to an Adjudicator later this month who will decide whether to conduct an inquiry. 

In the mediation phase of an appeal the IPC tries to get all the parties to reach a settlement. But if that is not possible and the matter is not fully settled

“an Adjudicator may conduct an Inquiry to dispose of some or all of the issues in the Appeal.”

The Adjudicator has powers to order the release of records that have been withheld.

The IPC’s Code of Procedure which guides the process is here. 

Preliminary Concept Plan

Southlake has repeatedly refused to release its “Preliminary Concept Plan” and records showing the location of the proposed hospital and other buildings considered for construction on the Rice lands. Southlake is withholding records on the grounds that (a) information had been supplied by third parties which should not be made public, and (b) disclosure would adversely affect the economic and other interests of Ontario. (This catchall provision protects records where disclosure could allegedly damage an institution's economic or other interests.)

Southlake relies on sections 17 and 18 of the Freedom of Information and Protection of Privacy Act.

The records at issue include those parts of the draft and final Southlake Land Solutions Report which was released in a heavily redacted form and Southlake’s own land solutions report, again heavily redacted, which was presented to the first meeting of the Board’s Land Acquisition Sub Committee. Also in play are various drawings.

Public Interest Override

A second appeal concerns records within the category of Southlake’s “Capital Projects” file. These records include site sketches and various email chains. Again, Southlake relies on the s17 and s18 provisions of the Act to withhold records relating to third party information and the “economic and other interests of Ontario”. 

The Adjudicator is also being asked to consider applying the “public interest override” (s23 of the Act) which would set aside the s17 and s18 exemptions.

The Act says exemption from disclosure of a record under sections 17 and 18 (and other specified sections) does not apply 

“where a compelling public interest in the disclosure of the record clearly outweighs the purpose of the exemption.” 

This is manifestly the case here. We need to know the truth of what happened.

Crisis of Conscience

Two years ago, on Tuesday 1 November 2022, the developer Michael Rice offered land for a new hospital to Southlake’s then Chief Executive, Arden Krystal. Rice bought the 2.7 sq km tract of Greenbelt land in the rural Municipality of King on 15 September 2022 for $80M.

At that meeting Rice’s presentation to Arden Krystal and Southlake’s Vice President of Capital Facilities and Business Development, John Marshman, showed a plan of the Bathurst lands with the Southlake logo straddling the Rice lands and those to the south owned by land agent and former Southlake Board member, John Dunlap. This has never been explained.

On 16 November 2022 Marshman met Rice at his Markham HQ. It is inconceivable there would have been no discussion about the hospital location.

Land Acquisition Sub Committee

On 5 December 2022 Marshman chaired the first meeting of Southlake Board’s Land Acquisition Sub Committee which again placed the proposed hospital on lands owned by Rice and Dunlap. The colour coding highlighting lands owned by Rice, prominent in the first presentation on 1 November 2022, had been removed for this meeting.

Earlier, on either 28 or 29 September 2022 at the Rice Group’s HQ, Michael Rice handed over documents, maps and plans to Ryan Amato, then Chief of Staff to Housing Minister, Steve Clark. There was no mention of a hospital on the Bathurst lands.

Rice apparently had a crisis of conscience and told the Integrity Commissioner, David Wake, that he had promised to make land available for a new hospital and he was going to stick with it. Rice did not say who was given this promise.

The RCMP's criminal investigation into “allegations associated to the decision from the Province of Ontario to open parts of the Greenbelt for development” was launched on 10 October 2023. It is ongoing.

Southlake launches new site selection process

Elsewhere...  Newmarket Today (Monday 4 November) reports that Southlake is launching a new site selection process for a new acute hospital - not on the Greenbelt or Oak Ridges Moraine. (Own 40 acres of developable land? Southlake wants to hear from you)

The hospital plans to announce the new location in Spring 2025.

This email address is being protected from spambots. You need JavaScript enabled to view it.

See also: Timeline