Greater Sudbury taxpayers may never know if they got their money back related to the Superior Court challenge a resident launched against the city to try to stop the Kingsway Entertainment District (KED) project.
Launched at the end of June, Tom Fortin was using the Municipal Act as the basis to ask the court to quash four bylaws passed by city council to OK the KED. Those bylaws permitted the development of an arena/event centre and a casino outside of the city’s downtown area, at the Kingsway Entertainment District.
The three anchors of Fortin’s submission were that the bylaws were passed following a flawed process, that city council was biased in their decision and that city council acted in bad faith.
In September, Superior Court Justice Gregory Elies ruled on the matter, dismissing Fortin’s arguments. Fortin said in October he would be appealing that ruling and a few days later the city said it would be seeking to recover court costs associated with the case to the tune of approximately $200,000.
Then, on Oct. 30, Fortin abandoned that appeal as he and the city had reached a settlement. But, because that settlement is confidential, the city taxpayers whose money funded the city’s defence against Fortin’s court action can’t know the details of that settlement, including whether they got their money back.
In a statement issued on his website, CasinoFreeSudbury.com, on Nov. 1, Fortin said a settlement was offered to the city in exchange for him dropping the appeal.
"The city was seeking costs of over $200K from the original decision and so we offered a settlement to the city in exchange for withdrawing the appeal. Thus, the appeal has been withdrawn and the issue of costs of the application have been resolved on agreement between the parties. The terms of the agreement are confidential," wrote Fortin in his statement.
When asked about the settlement by Sudbury.com, Greater Sudbury Mayor Brian Bigger was said he couldn’t get into the details of dollars and cents.
"I really can't get into the details of the minutes of the settlement, they are confidential," said Bigger. "I think it's clear where the money is. What I can confirm is that the court of appeal matter has been resolved and what it does mean is the Superior Court of Justice matter is concluded,” he said.
With the Superior Court matter wrapped up, Local Planning Appeals Tribunal vice-chair David Lanthier can now render a decision on the KED matters before it.
To recap, the Official Plan amendment that permits the casino is being challenged, as is the rezoning decision city council passed to permit the casino on the property. Those decisions are being appealed by Fortin, the Downtown Sudbury BIA and Sudbury resident Christopher Duncanson-Hales. All are represented by lawyer Gordon Petch, the same lawyer Fortin used in his Superior Court case.
In September, Petch said in his submissions his clients represent small business owners in the downtown who would be adversely affected by building the KED. He said there is an incredible amount of long-term involvement with the downtown from the community. Many people have invested time, money and demonstrated their commitment to this issue and its effect on the downtown, he said.
Sudbury resident Steve May is appealing the rezoning amendment needed to permit an arena to be built at the site. He is representing himself at the tribunal.
The groups are fighting to stop the casino from being built on the site as well as city council's decision to move the arena from downtown Sudbury to the Kingsway.
A four-day hearing was scheduled for May 5, but the COVID-19 pandemic ended the tribunal’s activities. New hearing dates were set for Sept. 17 and 18, after the decision in Fortin’s Superior Court case. His decision to appeal put the process on hold again, until Friday and his decision to drop the appeal.
Fortin, representing a group called Casino Free Sudbury, has been campaigning against the idea of a standalone casino in Greater Sudbury for years due to the social and economic impacts, preferring that gaming remain at Sudbury Downs in Chelmsford.
