Kingsway Entertainment District’s main opponent is ready to continue his battle with the project in court. Sudbury businessman Tom Fortin filed an appeal of the Superior Court’s decision linked to Mr. Fortin’s claims that the City Council has shown prejudice in the past. The legal battle will therefore continue over the upcoming months.
The first days of October saw the deadline for appeals of the Superior Court ruling made at the beginning of September. Mr. Fortin disagreed with it, which is why his lawyer Gordon Petch filed the appeal on October 2. This was also their last chance to file it and prove a point that bias has been shown when approving several bylaws related to Kingsway Entertainment District.
Appeal Filed
It could be recalled that the first days of September witnessed a highly-anticipated ruling related to the special zone. The Superior Court ruled that the City of Greater Sudbury did not show bias when giving its approval to the CA$100-million entertainment zone. Regional Senior Judge Ellies pointed out that Mr. Fortin has failed to establish that there was any statutory breach in the evidence he filed back in October 2019.
In his documents, Mr. Fortin claimed that officials gave their approval to several bylaws back in April 2018 and showed prejudice by doing so, facilitating the construction of Kingsway Entertainment District. The special zone is expected to bring a CA$60-million casino location overseen by Gateway Casinos and Entertainment, along with other entertainment facilities. The approval of this casino project was given in the spring of 2018.
Moreover, according to Mr. Fortin, local officials showed bias once again when they sought Premier Doug Ford’s help. He had the power to influence the Local Planning Appeal Tribunal and speed up its process and local officials sought his support. In turn, Premier Ford forwarded the request to the Minister of Municipal Affairs and Housing.
Superior Court Ruling
It could also be recalled that the Local Planning Appeals Tribunal was supposed to take care of Mr. Fortin’s appeal in its original form, but it scrapped it last year. Instead, the tribunal made it clear that the Superior Court has the authority to rule on it. September 17 saw the latest hearing of the appeals tribunal, following several postponements over the months. All submissions were wrapped up within the first one of two days.
David Lanthier, Vice-Chair of Local Planning Appeals Tribunal, was expected to share his ultimate decision, but some changes had to be made. Lawyer Petch sought a decision hold-off until the appeal is taken care of and a final ruling is issued. In the meantime, the opposition including Gateway Casinos and Entertainment, the City of Greater Sudbury, and property developer Dario Zulich demand to see action taking place right now.
For the time being, no final decision has been issued and the subject remains up in the air. Upcoming weeks are expected to see more information regarding the appeal, as well as the LPAT ultimate position.
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