Markham Farmer Continues to Fight for Right to Stay

Not officially zoned yet so piling dirt as such is actually illegal on14th Avenue in Markham, but ignored.

Sam Orrico's experience with being expropriated from land started back in the 70's, when, as a Farmer farming land in Pickering, he was asked to move because of the airport that never was. He moved to farming in the nearby Markham area afterward and became very familiar with municipal planning and bylaws in the process. In fact, he has been sitting in on the recent YR Planning meetings as an interested party right up to present, 2015, as well as attending many Markham Council meetings.

King City sold 105 farmland acres to Magna recently

Through this he's noticed whenever they've decided to rezone an area that was previously for farming there's a trend towards ousting them / him at any cost. Sam has lived through two house fires with Toronto Star headlines then declaring, " Farmer Escapes by Miracle", as well including one where he still currently resides and farms albeit not as much as he'd like, what with declining health and having to fight the system and developers and the town at every step.

In the latest front they've been trying to essentially evict him using newly written bylaws " Keep Markham Beautiful", designed for residential areas ordering him to "clean up" his farm land and equipment. And what does someone farming do with a tractor on 72 hours notice, as they 1st tried to intimidate him with? His trailer too, or rather his home, they said had to go. Never mind that the bylaw is missing, on page 6, section 21, making it null and void.

Long time Newmarket farm has developer's signs up

But he fought back. Again. Geez, they even had him arrested on trumped up charges one year to keep him out of the election so scared of this frail-ish old man they were (and the truth). Charges Sam tells me were a farce, based on one persons say so, that he spoke a threat about a third party, Mayor Scarpitti, also running for Mayor then. They then not only incarcerated him, but a judge also tagged a gag order on him throughout that election in the media for a year after. A judge who also wanted to run for politics. Hmm. Now how often do you see that?

Firstly the bylaw as written is incomplete, with complete sections of it missing. Sam has attempted to get this item added to the Markham Council agenda but is repeatedly stone-walled by the clerk who refuses to add it. Who's running the show there anyway? This proud man has farmed for decades here and now they try and toss him away like a piece of garbage.

His deal is not overly complicated, but essentially he had struck deals with land owners over the years which allow for him to farm and reside in lieu of them receiving tax breaks and cost breaks - INCLUDING - the landowners not having to cut grass etc and keep it up as a residential neighbourhood would. Of course underneath all the action against Sam is the fact they are now trying to change the official plan to have  where he farms and lives declared residential and not industrial. This is a common practice by developers. That would mean he'd have to go, but that hasn't even been ratified yet as they moved to have him removed via this bylaw. Easier to ratify if no Farmer stands in the way though.

Sam attended planning meetings since 70's. " You can't just change an official plan"

When new owners took over, likely hoping to change its zoning eventually and develop it into homes at some point in the future, and somehow banking on the plan being changed to accommodate this, had to agree to all liens and conditions that came with it which included it's designation as industrial land and the agreements made with the farmer(s). This in turn kept ( keeps) them receiving preferred tax perks and maintenance cost relief as a result and kept Sam legally on that land. Now they have served him eviction papers claiming rent arrears.

Adjacent property announces

Sam is wily though, and knows his rights better than they it seems, having had to fight off the developers and municipalities against him for so long now, alone, and it's about time he had some support.

The latest foe involves a seasoned lawyer he's locked horns with before but one that worries him because he has been around onside with the developers for many years too, and, with mounting health concerns, Sam wonders if he'll be able to keep it all up with the various courts and possible costs.

He just received an "N4" notice which can lead to eviction with the person serving it coming onto his property and photographing him and called me for advice on next steps. Last time when they illegally tried to intimidate him to leave they even brought police who left after realizing he had rights to be on the land. Too bad his crops takes years to move not days.

He may be old, but he's no fool, and he's one of Markham's last Farmers, who needs to escape through one last miracle.