New subdivision plan for Brooklin By ROXANNE REVELER A public meeting before the Town's administrative committee on Mon- day could be the first step toward approval of a major residential and senior citizens' complex for the Èrooklin area. The subdivision has been planned by Bob Hunter of Hickory Ridge Developments, a firm recently formed by the well-known Brooklin resident, on lands he owns in the Anderson Rd./Winchester St. area. He proposes to develop a 25-acre parcel south of St. Thomas Anglican Church on Anderson to in- clude 56 half-acre single family residential lots and a senior citizens complex. The lots,* which will be accessible from a single road run- ning through the centre of the land and two access roads from Ander- son, will be at the southern end of the property. Part of the property, directly south of the church, will house a seniors development similar to Manning Mews in Whit- by. "We are trying to keep away from the shoe-box, motel style of seniors accommodation," said Hunter explaining that the residen- ces, four units to a building, will all SEE PAGE 23 By MIKE JOHNSTON Joe Nieuwendyk joined the Calgary Flames of the National Hockey League in Madison Square Gardens on March 9, 1987. That night the Flames were playing the New York Rangers. Because it was a travel day for Nieuwendyk, he did not dress for his first NHL game until March 10 in Washington. It took one period before the talented 20-year-old centre scored his first NHL goal. "I scored the goal in the second period. It was good to get that one out of the way," says Nieuwendyk, now at his Whitby home. But his visit will be short as he will be returning to Calgary with another Whitby native, Gary Roberts, at the beginning of August to prepare for the 1987-1988 hockey season. Because he only played in 15 games with the Flames this will be his rookie season. In those 15 games, Nieuwendyk had seven goals and three assists. In the six games against Winnipeg in the playoffs, he had two goals and two assists. "Playing in the playoffs was a big thrill," he says. He can still recall stepping onto the ice in Winnipeg, looking up to the stands, and seeing everyone ,.wearing white clothes and waving white pom-poms. Had Calgary got past Winnipeg in the first round of the playoffs, Nieuwendyk says the team would have been confident of beating Edmonton. "We had Edmonton's number and they (Calgary) had our's. That SEE PAGE 22 Blue box tender on hold Ihe establishment of a region- wide recycling program has been put on'temporary hold while legal problems are ironed out between a prospective supplier of blue boxes for the program and another firm who is claiming copyright in- fringement. At. the last meeting of regional council, works chairman Gerry Emm announced he was tabling a7 recommendation from his depar- tment that the low tender submit- ted by Janbar and Associates for 80,000 household containers, nicknamed blue boxes, be accep- ted. Janbar, an Agincourt firm had come in with the low tender of $322,712 for the contract. But works commissioner Bill Twelvetrees said that Janbar used a box for demonstration purposes that an Etobicoke firm claims was theirs. A-1 Products Corp. which bid un- successfully on the contract at $352,672, has obtained an injunction against Janbar and the Region over the tender. The injunction against Janbar is for copyright in- fringement, the one against the Region for the tendering process. Foreseeing a possible problem, the works committee had previously accepted the low tender subject to Janbar submitting a in- demnificatior against copyright and patent infringement as well as a performance bond. The case will be heard in a Toron- to court today (Wednesday) and until the results are known, the recommendation will be put on hold. Large settlement for heart valve patient By JANET BROWNE An Oshawa man, represented by a Whitby law firm, has obtained a huge settlement in a lawsuit again- st a U.S. pharmaceuticalcompany. Brian Evans says he was originally suing Shiley Inc. for $30 million in punitive damages after a metal heart valve manufactured by the American company slipped out of client Glen Wallace's heart during its second year of us. Wallace had a close brush with death during the 3½-hour surg2ry which followed the malfunction. The actual amount of money awarded to Wallace is confidential, but Evans says his client "received a settlement that should provide for him in a modest and comfortable way. "In the beginning, we weren't ex- pecting to get the type of settlement that we got," explains Evans of the Shilling and Evans law firm in Whitby. "When we first started we felt very much alone up here in a small town in Canada, suing a huge pharmaceutical company in California. "Then, there became a com- munication between the people who were suing Shiley, and by the time we went to trial, we had a real op- portunity to take a hard look at the way Shiley was making and manulacturing these valves." The main issues in the case against Shiley, according to Evans, were whether the manufacturing was defective; whether there were unnecessary delays in remedying the problem; and concerns about Shiley's failure to recall the defec- tive valves. "But there is a larger issue now," adds Evans. "What do you do if you have one of these valves in you?" Approximately 120 people throughout the world with this type of valve have died when the valve malfunctioned, as far as Evans can recall, and there are now 125 suits pending against Shiley. Although Evans says he is not aware of anybody else in this area of Canada with the defective valves, he states that he is "sure there must be hun- dreds of people in Canada, and thousands worldwide with the valve. "Glen is very lucky to be one of the survivors." Wallace, now 28, was injured in a car accident when he was 19, and since then has undergone open heart surgery five times, the- last being when the Shiley valve became dislodged. "I woke up with all this pressure in my chest," recalls Wallace, "Every time I tried to breathe there was blood gurgling in my throat. I knew something was wrong with the valve, because it had stopped ticking." The heart valve is actually audible to others near Wallace. "You should hear it in an elevator," laughs Wallace. "Everybody's looking around to see who's got the time bomb!" Ironically, the Shiley valve is described by Evans as being a 'cardiac time bomb'. The actual trial date was set for May 18 of this year, but Evans says he decided to settle out of court because the "defendant offered to give us a lot of money," or as Wallace describe it, "the right amount." Evans and his client arrived at the $30-million figure after resear- ching how much the defendant SEE PAGE 23 Glen Wallace and Whitby lawyer Brian Evans $ $ ~ ~, 4 ,. 4 , 4 4 4 4 4 4 4 * 4 4 4 4 4 4 4 4 4 4 4 4 i I 4 4 i 4 4 4.4 4 ~ ~ (* 4 4 44 4 4 4 44 JOE NIEUWENDYK displays some of Hockey League during the 1986-87 his hockey memorabilia. Nieuwendyk season. joined Calgary Flames of the National Free Press photo Joe prepares for full season