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THE STORY OF NICHOLS QUARRY

HAGERSVILLE, ONTARIO

(1) Ontario Province of Equality of opportunity lost.
Conspiracy, Abuse of Authority or Negligent Misconduct?

This story began in 1994 when Delhi Township C.A.O. Frank Gelinas made false statements to the press as to the quality of aggregate products of Nichols Gravel Limited based on a falsified document produced by Director of Roads, David Anderson. This matter proceeded to the courts, and turned into an absolute horror story of negligent misconduct and obstruction of Justice within the Ministry of the Attorney General and Ontario Court of Justice. First our case was dismissed by Justice J. Carvarzan. Then the appeal of Nichols Gravel Limited was transferred from the Ontario Court of Appeal to Divisional Court by consent of then deputy Supreme Court Justice Coulter Osborne now Ontario Integrity Commissioner.

It was later confirmed after the appeal decisions that this court had no authority or jurisdiction to hear the appeal by Justices Keenan, Somers and Cumming who failed to make prior reference to the transcripts of evidence from the trial for the appeal that they were appointed to hear, which they promptly dismissed.

This case continued on to the Ontario Court of Justice for Leave to Appeal where Justices G.D. Finlayson, K.M. Weiler and D.R. O’Conner dismissed without reasons, and then on to the Supreme Court of Canada for the final dismissal without consideration and without reasons by Justice Madam L’Heureux-Dubé, Justice Mr. Bastarache and Justice Mr. LeBel.

The cost to seek justice with no justice $150,000.00 court costs and lawyers fees

A Judgment against our company for $98,000.00 because we lost.

Six years of stress and aggravation due to the conspiracy and manipulation within the Justice System with Delhi Township staff who provided perjury to the courts vindicated by the courts.

Reference: www.injusticecanada.com
These problems encountered with the Ministry of Natural Resources and the Ministry of the Environment seem to be an extension of the conspiracy and discrimination directed to Nichols Gravel Limited since 1994 by staff of Delhi Township and which later included Norfolk Township and the Region of Haldimand-Norfolk. This company was directed down this road to establish a quarry due to the discriminatory purchasing policy adopted by Haldimand-Norfolk Commissioner of Engineering, Eric D’Hondt and Director of Roads, David Anderson when the specification for road aggregate was changed from supply of Gran “A” to Gran “A” 100% crushed, which can only be produced from limestone quarries.

This change served 2 purposes. First it eliminated Nichols Gravel Limited from the competition for road work, and also contrary to section 45 of the Combines Act, served to lessen competition, but secondly directed patronage purchases to the Quarries that wined and dined staff and councillors with parties at the Cove Room, Pt. Dover and the Royal York Hotel at the Good Road Convention in Toronto.

The result was that 50% of Nichols business immediately disappeared and the company was left with no alternative but to establish a quarry in order to get back into the competition.

Now 5 years after the start of this process, which has included an Ontario Municipal Board Hearing at a cost in excess of $250.000.00 in addition to other major costs, and thanks to the Ministry of Natural Resources and Ministry of the Environment this company is still spinning down the road with negligent misrepresentation by M.N.R. and M.O.E. in support of the conspiracy to further delay this quarry operation and bankrupt this existing 61 year old family operated aggregate business.

IN SUPPORT OF THIS CONTENTION WE HAVE:

1. M.N.R. contempt of O.M.B. Decision Order 1194 of July 25, 2001 which directed M.N.R. to issue a Class A Category 2 Licence to extract aggregate. See O.M.B. Decision Order 1194.

2. The Licence was issued April 1, 2003, 1 year and 8 months later with “23 pre operational conditions” to be completed prior to any extraction.

3. The M.O.E. June 20, 2003 issued a Permit to Take Water 1 year and 4 months after application, with “24 pre dewatering conditions” to be completed prior to any pumping or taking of water.

4. With both M.N.R. and M.O.E clearly there has been arbitrary abuse of process and abuse of authority in respect to responsible Government and the O.M.B. Decision/Order.

5. Relative to Items 1, 2, 3, and 4 we have possible conspiracy, extortion, and fraud by staff and officials of both M.N.R. and M.O.E.

See Supporting documentation:

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