Another summer has passed us by and the Market on Stoney Lake has been unable to open their doors to the public and the owners are pointing a finger at the Township of Douro-Dummer, specifically the building department.
Kevin Errington, co-owner of the establishment appeared before council (actually from his car over video) on Monday evening to voice his concerns with the process and ask the township for some specific responses to his inquiries.
Errington told council that he and his partner, Nelson Lang were not strangers to the lake or to building restaurants when they purchased the Market located at 2374 Crowe’s Landing Road in November of 2021.
Errington said professionally he and his partner have delivered restaurant projects across Canada and internationally and together they know what a building process looks like.
Errington told council what happened on their simple renovations is not normal, in fact he said it was wildly abnormal and he said they believe that the process needs to go on record.
Errington claims that over four years they have experienced five different inspectors providing contradictory directions. They have experienced three stop work orders at least some which were issued unlawfully (in his opinion) which locked the owners out of their building.
The owners have documented police attendance escorting building inspectors. Errington sees this as a sign of intimidation on at least two occasions.
Errington told council that now his file has been turned over to a third party contractor. Errington believes this third one has not been put in place to fix any of the problems between the two parties, but to manufacture new ones.
Errington said the consequences are real as the project has been frozen, investment has been harmed and local jobs delayed, tax revenue lost while a community landmark sits idle.
Errington said they have preserved everything pertaining to the matter including video, audio and site notes which consists of 250 pages.
Errington stated that he is putting council on notice on the public record. He believes that the building departments approach to the file has become a weapon and not a public service.
He pointed to the use of RSM consultants and the authority they have been expressing.
On May 6, 2025 according to the meeting minutes township approved the request of the CBO to appoint a designated building inspector with a clear direction.
They are to issue permits only under the building code. Not inspections and not enforcement according to Errington’s take on the bylaw.
The Market received a copy of bylaw 2525-18 from the clerk just last week and he expressed concerns that the document they received was not the same as the one crafted on May 6.
He believes the document has been altered since the May 6 meeting and did not follow council’s intentions. He did not accuse anyone regarding motive.
Errington claims that he received an email from CBO Don Helleman saying RSM would be taking over the file including inspection.
The owners challenged the appointment of RSM as inspectors, but were told that there would be no debate on the matter by the CBO.
On July 16, the day before the first inspection by RSM the Market received another email from the building department telling the owners that they would be seeking an amendment to the bylaw which would list certain members of RSM as inspectors.
Errington believes that if a resolution was required to account for RMS suppling inspectors, then RSM did not have the authority to conduct inspections in May or July.
Errington said council is left with only two options and both are unacceptable. He said either the CBO misrepresented RSM’s intended scope or the CBO has blatantly disregarded council’s specific direction and expanded RSM’s authority wiothout council approval.
Errington requested council take five concrete actions and they are as follows:
1. Immediately tell staff that RMS is not to conduct inspections until council expressly authorizes them to do so.
2. Independent file review. Commission an independent building code authority (that is not RSM) to audit their file
3. Produce the original bylaw package as presented on May 6, 2025
4. Produce a public report which would come back to council in 30 days detailing how and when RSM was used on the Market file and under what authoirity said actions were taken
5. A good faith path to completion by directing the CBO to convene a meeting within the next ten days with township inspectors authorized by council with the design team and an independent reviewer to establish a clear code based checklist and timetable in order to reach final occupancy.
Councillor Ray Johnston commented that what was asked for in the five requests was a lot to swallow and requested that the points be submitted in writing so that he can look more closely at the concerns.
Johnston also commented that it is very unfortunate that something like this is going on and he said he hoped that they could get this rectified.
Mayor Heather Watson also asked that he send over the five requests
Errington agreed and offered to send the entire presentation in writing.
