Our Campaign in Phase One

DON MILLS CENTRE PETITION/PROTEST CAMPAIGN
 SUMMARY AND REFERENCE POINTS

Compiled by Simone Gabbay

Overview/Background                                                                                                       Frequently Asked Questions

Don Mills is Canada's first modern planned community and the winner of three Massey Silver Medals and five national and 18 regional Canadian Design Awards.

In 1997, the Ontario Heritage Foundation designated Don Mills as a heritage site that used integral and consistent planning principles—the only community so honoured.

The Don Mills Centre (DMC) mall, Don Mills' local shopping and community mall and a landmark in the history of Canadian planning, was the hub and heart of the Don Mills community for more than 50 years. It was the place where many residents in the area did their shopping, banking, and dining, met friends, and enjoyed the conveniences of a community-based indoor shopping facility.

Among the regular customers were many elderly folks, as well as disabled individuals, for whom the mall was an invaluable lifeline to goods, services, and casual socializing. In fact, among the many residences built around this mall are several seniors' residences, as well as homes for the disabled. Their proximity to the mall allowed the people who live there to retain their dignity and a small degree of independence.

With other age groups, too, the DMC mall was popular. My family and I, and many of our neighbours and friends, shopped there for decades—in fact, many of us moved here to live close to the DMC mall, the most easily accessible, convenient, and customer-friendly indoor shopping mall in Toronto.

The kids from the nearby high-school depended on the mall every day for a place to eat lunch and after school as a place to gather and work on homework assignments.

The DMC mall was the one community shopping centre in Toronto where one could walk along and recognize every fifth person who walked by. It was the one mall where many merchants and customers personally knew each other—it offered a "small-town" atmosphere in the centre of city.

The closure of the Eaton's store several years ago left the DMC mall without a major anchor store. The store vacated by Eaton's was leased to a Sears Outlet, then a National Sports store, and eventually to a D.O.T. Patio store and a used-car dealership. Some merchants said that Indigo had expressed interest in leasing the space, but wanted a long-term lease, which Cadillac Fairview (CF), the mall's owner, would not give them.

According to some of the longtime mall merchants, several of whom had been in the mall for almost 50 years, CF had not been giving long-term leases for many years, thus discouraging quality retailers from setting up business in the mall. In recent years, many of the longtime merchants no longer had leases.

CF also claimed that the mall was in bad condition (roof problems, basement leaks, wood-floor rot, etc.). At the OMB hearing on 29 May 2006, they showed photos of cracked walls and chipped paint, etc., to support their claim that the mall was in poor condition and needed to be torn down. This begs the question: Who allowed the mall to become run down like that? (At each entrance, a sign read: "Proudly managed by Cadillac Fairview.") One would assume that it should have been possible to repair those problems and renovate, rather than demolish, the mall.

In fact, in 2004, CF had introduced two earlier redevelopment proposals, both presented to the public, which provided for renovations and some expansions to the enclosed mall. The mall was also to remain open for business during the renovations. CF's slogan with those two proposals had been, "What if the Don Mills Centre became more than a mall?" This slogan remained posted on large billboards inside the mall as well as outside right through May 2006.

CF claims that the mall was not making money. But the long-term merchants in the mall were! Many of them said the Fall 2005/Winter 2006 season had been their best season ever.

In contrast to the two earlier proposals, each of which was withdrawn by CF without explanation, the third plan was suddenly and hurriedly pushed through as a non-negotiable "fait accompli."

The planned open-air "lifestyle centre" with high-end retail stores (Yorkville/Bloor-West-Village style), as well as condominiums to follow in a subsequent phase, is the first of its type in Ontario. It will not serve the existing Don Mills community well, and it appears to be designed to change the demographics of Don Mills. We also believe it contravenes the guidelines of the Central Don Mills Secondary Plan, which was put in place to protect the community.

The following are reference points of our petition/protest campaign:

End November 2005:

• CF unexpectedly informs Don Mills Centre merchants that the mall will be closed and demolished at the end of May 2006. Merchants and customers are incredulous, but busy themselves with holiday preparations.

Mid-February 2006:

• With the holidays over, the impending closure of the mall becomes a serious concern. Merchants and customers are upset. Someone gives me a phone number for Terry West, president of Don Mills Residents Inc. (DMRI), a local ratepayers' group of about 1,200 members. When I speak with Terry West, I am disappointed to learn that DMRI has no plans to actively oppose the demolition of the mall. Terry West tells me that he asked CF if they were committed to the open-air concept, and they said they were. He also claims that several younger residents are in favour of the open-air concept. (To this day, the vast majority of Don Mills residents with whom we come in contact are angered and upset about this development.)
• One merchant gives me a note with names and phone numbers for Ward 25 Councillor, Cliff Jenkins, and Ward 34 Councillor, Denzil Minnan-Wong. I call Minnan-Wong's office and speak with Constituency Assistant Mark Wilson, who suggests that I write a letter to CF to voice the community's concerns. He gives me the name and address for Anne Morash, VP of Development for CF. In my letter, I appeal to CF's corporate conscience and their responsibility to the Don Mills community. I send copies of my letter to local politicians and media.
   

18/19 February:

• My family and I spend much of the weekend walking from store to store in the mall, handing out copies of my letter to merchants and customers. Several people request "something to sign," so by Monday, 20 February, I begin circulating a petition. Many merchants are reluctant to post the petition in their stores; they are afraid of retribution by CF. One merchant says: "They've got us by the throat. If I put this (the petition) up, they are going to kick us out before I have a chance to sell my stock." Only half a dozen or so merchants post the petition in their stores initially.
   

20 February:

• We attend the public meeting organized by the DMRI to discuss CF's redevelopment plans. About 200 people attend, including Cliff Jenkins and Mark Wilson. Terry West shows drawings of CF's plans for the DMC redevelopment. Several members of the public voice opinions and concerns. No one likes the redevelopment plans. One man asks for a show of hands of who wants an indoor mall, and everyone's hand goes up. I also speak, introducing my letter to Anne Morash and my petition, of which I have brought copies. Several people sign the petition and also take copies with them to circulate among neighbours and friends. Ward 25 Councillor Cliff Jenkins, taking note of the community's opposition to CF's plans, promises to "bump the (CF's) site plan application up to Council." (North York Council meeting to be held May 9.)
   

In subsequent weeks, the community's opposition and the petition are discussed in community papers. There are also several letters to the editor. (Samples of these will be available for review on our website in the future. Please check back regularly for updates.) I receive many calls and letters from supporters, and a small group of people forms who actively help with gathering signatures for the petition. We hold briefing and strategy meetings regularly, first in the food court of the DMC mall, and later in a meeting room at E.P. Taylor Place. We initially call ourselves the Food Court Group, and later change our name to Concerned Don Mills Residents for Maintaining the Don Mills Centre Indoor Mall.
 

13 March:

• I send (PDF scan) copies of the first 1,556 petition signatures with a letter to Peter Sharpe, president and CEO of CF, and to Robert Korthals, chairman of the board of the Ontario Teachers' Pension Plan (OTPP). CF is a wholly owned subsidiary of OTPP and has the sole mandate to create profits for OTPP.
• I write a letter to Mayor David Miller, also sending the petition. The mayor never replied. I also send copies of the petition to Kathleen Wynne, MPP, Don Valley West, Councillors Jenkins, Minnan-Wong, and Jane Pitfield (Ward 26, Don Valley West), whose constituents are all affected by the impending loss of the mall.
• I am in frequent communication with Cliff Jenkins, who calls the number of signatures on the petition "incredible." He had encouraged me to write the letter to Peter Sharpe because he felt that he (PS) might not be aware of the massive opposition to the redevelopment. Cliff says he and Kathleen Wynne are requesting a meeting with Peter Sharpe to discuss the community's concerns. The meeting is finally arranged for the late afternoon of April 11, just prior to a public meeting at the former Inn on the Park (see next point). After the meeting, Cliff Jenkins reports that Peter Sharpe is not open to making any changes to CF's plan.
   

28 March:

• A letter is written by Deborah Allen, Director, Communications and Media Relations, OTPP, in response to my letter to Robert Korthals.
   

03 April:

• I write a letter to the Governor General, requesting her intervention to prevent the destruction of the DMC, the heart of Canada's first planned, award-winning community. A response from the Governor General's office was received a year later.
   

04 April:

• A letter is written by Neil Murphy, Corporate Communications Manager, CF, in response to my letters to Anne Morash and Peter Sharpe.
   

During the first week of April, I receive a call from Kathleen Wynne's office requesting me to meet with Kathleen to discuss the community's concerns. The appointment is arranged for Friday, 07 April.
 

07 April:

• a.m.:  Stan Stevenson, a retired lawyer and concerned Don Mills resident, and I meet with Cliff Jenkins in Cliff's office at North York City Hall. Stan presents his concerns regarding his observation that a city planning document, the Central Don Mills Secondary Plan, is being contravened by CF's plans. At the time, I have no understanding of what this document is and leave it up to Stan to discuss this with Cliff. I am interested in receiving information from Cliff as to how I should proceed at the public meeting on April 11—this is my focus for the time being. Much later, when I also discover the Secondary Plan online, I regret not having paid attention to it sooner.

• p.m.:  Meeting with Kathleen Wynne. I am accompanied by Eileen Gollert, one of the residents in our group who have actively helped to gather signatures on the petition. Eileen's adult son, who has severe MS, is wheelchair dependent. He lives in one of the St. Mark's Assisted Living residences on The Donway East, and the mall is the only retail facility to which he can go unassisted. Eileen and I present our concerns to Kathleen W. It is obvious from our conversation that Kathleen has not read my petition or any of the letters to and from Cadillac Fairview or the OTPP on which I copied her. In the end, she effectively did nothing to stop the demolition and redevelopment application.

11 April:

• A public meeting jointly hosted by Councillors Cliff Jenkins, Denzil Minnan-Wong, and Jane Pitfield is held to inform the community of CF's redevelopment plans. Kathleen Wynne is also in attendance for the first part of the meeting. The meeting is held at the former Inn on the Park, which will itself be demolished only a few weeks later. More than 1,200 people fill the Centennial Ballroom, spilling over into the hallways—according to Jane Pitfield the largest number of people she had ever seen attending a public meeting. Due to limited parking spots being available (less than 1,000 spots), many others cannot find parking and are forced to turn around, unable to get into the meeting. CF introduces their plans—the community is very vocal in opposition. I present Anne Morash with a hard copy of the petition signatures, by now 4,543. Notes for my speech at this meeting can be read here. Toronto Star columnist Joe Fiorito, who has written two previous columns on the redevelopment, attends the meeting and subsequently writes another excellent column, reporting on the loud protests voiced at the meeting, and mocking CF’s plans. Click here to read Joe Fiorito's articles.
   

29 April (Saturday):

• We hold a peaceful demonstration on the public sidewalk outside the DMC mall. See photos of the protests.
   

09 May (Tuesday):

• North York Community Council Meeting in the Council Chambers at North York City Hall. CF is in attendance, making a statement. I make a statement on behalf of the petition. The day before the meeting, I delivered a hard copy of the now 4,893 signatures to the office of Francine Adamo, City Clerk. I was told that the petition would be distributed to all councillors prior to the meeting.
• Several concerned DM residents also speak, including a blind woman with a guidedog, a woman who explains that CF's plans are designed to change the demographics of Don Mills, and a professor of architecture who explains that CF has been lazy in its design of the new retail concept and could easily have incorporated a partially covered mall.
• Anne Morash says that CF may consider building an enclosed "meet-eat-and-greet" area in the new concept, subject to retailer interest. She insists on not being able to make a commitment about this.
• Denzil Minnan-Wong is the only councillor who thoroughly questions CF representatives and later suggests that their application should be rejected because "...they (CF) have given the community nothing, and this community council should give them nothing!" Unfortunately, his motion is not supported by Ward 25 Councillor Cliff Jenkins, in whose ward the mall is located, and who moves to "reject the application in its current form," thus effectively accepting the application with minor changes. We are told the appliation will go to the OMB with several recommendations, including the recommendation to "negotiate indoor space." (CF had appealed the Council's decision to the OMB in advance. The OMB hearing is scheduled for May 29.) Ward 26 Councillor Jane Pitfield is absent for the vote.
   

13 May:

• The second peaceful demonstration is held on the public sidewalk next to the DMC mall. Many of the stores in the DMC mall have already been closed.
   

The Central Don Mills Secondary Plan

About ten days before the 29 May OMB hearing, we discover the Central Don Mills Secondary Plan. This is an important planning document, which we believe is being contravened by CF's plans for a "lifestyle centre" to replace the DMC mall.

The Plan's general goal is "to manage change in the community in a manner that retains and enhances the existing character of the area." Could anyone deny that the proposed open-air "lifestyle centre," the first of its type in Ontario, will completely change the existing character of the area? (See OMB Petition Presentation Notes for more details on this point.)

Further, a specific objective of the Secondary Plan is to "strengthen the function of the Don Mills Centre as a community centre." The current facilities have indeed served as a community centre, enabling people of all ages, including those with disabilities, to not only shop but also socialize and exercise in a controlled environment year-round. The new "lifestyle centre" will restrict these activities to certain population groups and certain weather conditions. It is therefore not strengthening, but instead weakening, the function of the Don Mills Centre as a community centre (see OMB Petition Presentation Notes for more details on this point).

We communicate our findings about the Secondary Plan to City officials, who forward them to legal staff, none of whom respond to us. In a phone conversation, a senior planner raises unrelated points to invalidate our arguments. Only after the OMB decision are we told by Cliff Jenkins that legal staff disagrees with us, but we have yet to learn why. The wording of the Secondary Plan appears clear and unambiguous, and an independent lawyer felt the above points could be reasonably argued. Why was this not done?

About five days before the OMB hearing, I call the OMB office and ask how I can send them the remaining 150 or so signatures on the petition for the hearing. The OMB planner who answers the phone explains to me that, if I want to have the community's concerns represented at the OMB hearing, I would need to attend and make a statement. I am told to bring a hard copy of the full petition (by now 5,061 signatures); the petition that was supposed to have been sent from Council to the OMB was never received.
 

29 May (Monday):

• On the day of the TTC wildcat strike, several of us drive down to the OMB offices on Bay Street to make our community's concerns heard at the OMB hearing and to present another hard copy of the petition. From the various discussions between the two parties, CF and the City, it becomes clear to us that during the time between the North York Community Council Meeting on 09 May and the OMB hearing, the City and CF have been in negotiations. We later learn that CF has made a settlement proposal to the City, offering a million dollars worth of public art and a piece of parkland, on which a community centre could eventually be built. This settlement offer was accepted and CF's site plan application approved.
• Clearly, there were many issues, including arguments based on Secondary Plan and Don Mills' heritage designation, as well as the request to submit the applications for phase one and phase two in one parcel, that could have sent CF back to the drawing board and stopped them from ruthlessly destroying the heart of our community.
• Although I had been asked by the OMB to bring in a hard copy of the petition, and although I clearly stated in my presentation at the OMB hearing that I was speaking on behalf of our residents' group and the 5,061-signature-strong petition, the OMB Decision document covering the hearing portrays me as speaking only on my own behalf and completely ignores the petition. This is very misleading. The Decision also claims there is "uncontested evidence" that the mall was failing as a commercial enterprise, but, as previously stated, many of the merchants said that their businesses had never done better.
   

June 2006:

FIRST OUR MALL, NOW OUR MEDICAL BUILDING?

Is the Don Mills community now at risk of losing the essential services provided by medical and dental professionals, and medical lab professionals, at 75 The Donway West, located on the Don Mills Centre property?

Tenants are complaining about lack of maintenance, especially affecting recent air-conditioning problems, in the building, which was acquired by Cadillac Fairview several months ago. They are also saying that tenants are not given leases beyond the year 2010. Some of the tenants sent a petition with 20 signatures to Cadillac Fairview regarding their grievances, but had not received a response as of 22 June.

Those of us who have observed what happened to the Don Mills Centre shopping mall, which is now in the process of being demolished, can't help but wonder: Is this building deliberately being "starved" so that tenants will be forced to look for new facilities, depriving Don Mills residents of essential medical, dental, and lab services?

Is this building next on Cadillac Fairview's chopping block because it does not fit into their planned "lifestyle centre"?

The provincial government is calling for more planned communities where people can walk to shopping and essential services. Is Don Mills, which was Canada's first such planned community, moving in the opposite direction?

Rumours are also circulating that the Post Office building (north of the medical building) has also been sold to CF. CF is not denying or confirming these rumours.
 

SUMMARY

(See also text of my guest column in the North York Mirror, June 7, 2006: "Don Mills Centre: Many Questions Remain")

1.   How did both CF and the City get away with ignoring the guidelines of the Central Don Mills Secondary Plan? All along, as we worked on our campaign, Ward 25 Councillor Cliff Jenkins, and even Ward 26 Councillor Jane Pitfield, seemed to be "on our side" and working with us to try and persuade CF to keep the mall closed, but when we began asking questions about the Secondary Plan, there was an abrupt change in the way they responded to us. We never received answers to our questions. My husband called Cliff Jenkins' assistant to discuss the Secondary Plan issues, asking why such a major change to the area was allowed to take place when the Plan's guidelines provided for "retaining" and "enhancing" the existing character. Jenkins' assistant responded: "Where do you see the change?"

Ward 34 Denzil Minnan-Wong, the only councillor who truly defended our community, agreed that the City's lawyers were "not the best" and that they could have "worked harder" for the community. Why didn't they?

2.    Why did Ward 25 Councillor Cliff Jenkins, who gave the lead to North York Council, fail to reject CF's proposal completely? In doing so, he effectively ignored the Central Don Mills Secondary Plan, the community's heritage designation, a 5,000-signature petition and many more letters, phone calls, and e-mails protesting the new development. We were told that rejecting the proposal "in its current form" would give City legal staff a chance to negotiate various points, including indoor retail space, at the OMB. But the first thing the OMB chair said at the hearing was that the OMB was not empowered to rule on indoor space. Did Cliff Jenkins and the City experts not know this in advance? If they did (and they should have), was the suggestion that indoor space could be negotiated at the OMB merely a gesture to keep us quiet and believing that the City was working for the community?

During the settlement negotiations that preceded the OMB hearing (and of which negotiations we were not advised and were therefore unaware), the City did not negotiate indoor space, as we had been led to believe it would. Instead, it negotiated for public art—something the community did not ask for and does not need—without informing us. The community was, therefore, completely ignored by CF, the City, and the Province, who all collaborated on pushing CF's site plan application through.

The direct and straight-forward interpretation and application of Secondary Plan guidelines and other important points could have sent CF back to the drawing board, without explicitly asking for indoor space.

3.  It is obvious from the settlement that was reached between CF and the City that this agreement prepares the way for further deals in phase two of CF's application (the condominiums), which requires rezoning. Although the height of the condominiums planned is more than is permitted under the guidelines of the Secondary Plan, it appears that the City is already planning to grant the required rezoning and thus once again ignore the Secondary Plan and the needs and wishes of the community.[*]

4.  CF's new "lifestyle centre" is the first such retail concept in Ontario—it is therefore an experiment. Should the municipal, provincial, and federal government not have stopped such an experiment affecting the heart of Canada's first planned, award-winning community, especially when more than 5,000 people signed a petition in opposition and thousands of others, including many elderly and disabled residents, are adversely affected?