LPAT and Superior Court Details
December 23, 2020
Local Planning Appeal Tribunal (LPAT) Vice Chair David Lanthier has issued his decision on the LPAT appeals (PDF, 482 KB) in relation to the Kingsway Entertainment District (KED), heard on September 17, 2020.
Mr. Lanthier determined the City’s approvals are consistent with and conform to the relevant planning legislation and all appeals have been dismissed. We are very pleased with the decision and look forward to proceeding with the KED project. City staff will be reporting on results and recommended next steps in January.
The Court of Appeal matter has been resolved, meaning the Superior Court of Justice matter is concluded. The details of the Minutes of Settlement are confidential. Vice Chair Lanthier of the Local Planning Appeal Tribunal (LPAT) can render a decision in the appeals at any time. We look forward to his decision and moving forward with the Kingsway Entertainment District (KED) project.
September 17 and 18, 2020
The Local Planning Appeal Tribunal (LPAT) set a new hearing date for the Kingsway Entertainment District (KED) planning appeals for 10:00 a.m. September 17 and 18, 2020. The hearing, originally scheduled for May 5, 2020 was delayed due to COVID-19.
The LPAT hearing was reduced from four days to two due, in part, to the hearing being heard by audio only. As well, the LPAT sent witnesses for all parties written questions and each has submitted written responses rather than being questioned in-person by the LPAT members. This change in format helped to reduce the time required for the hearing.
The hearing is accessible to the public as follows:
Call In Numbers:
1-888-455-1389 (toll free)
155-762-853 (September 17)
299-515-309 (September 18)
September 10, 2020
The Kingsway Entertainment District Arena/Event Centre Superior Court litigation costs to date exceed $300,000, and the legal costs to date to defend against the appeals at LPAT are currently at approximately $300,000. The costs associated with the KED are made public through Council reports and the City website to ensure an open and transparent process for a project that has a very high level of public interest.
September 4, 2020
The City of Greater Sudbury is pleased with the decision rendered by Regional Senior Justice Ellies on the Kingsway Entertainment District (KED). City staff will now take some time to review the documentation and bring the clarified details and information to City Council as soon as possible. This is a positive step forward, and we are confident we can expect to see similar results resolving the appeals to the Local Planning Appeal Tribunal (LPAT) that will allow the City of Greater Sudbury to proceed with its plans for modernization and development as planned in 2017.
Superior Court of Justice Decision - between Tom Fortin and City of Greater Sudbury and Gateway Casinos & Entertainment Limited (PDF)
June 29 and 30, 2020
A Superior Court of Justice hearing on the Kingsway Entertainment District was held on June 29 and 30, 2020. Regional Senior Justice Ellies issued a decision on September 4, 2020. See the September 4, 2020 update for more information.
As follow up to the PSA issued on June 11, the link to view the Superior Court of Justice Hearings for the Kingsway Entertainment District can be found below:
May 5, 2020
LPAT scheduled a four-day hearing to commence on May 5, 2020. This hearing was adjourned due to COVID-19. As per the LPAT website “All hearing events scheduled in the Tribunal’s hearing calendar between the effective date of the Emergency Order and June 30, 2020 will be adjourned to a future date.” The new dates for this hearing are September 17 and 18, 2020.
April 24, 2020
Statement: Clarification of Costs for Kingsway Entertainment District
It has come to our attention that information included in a document for the Kingsway Entertainment District appeals, submitted by the City of Greater Sudbury to the Local Planning Appeal Tribunal (LPAT) contained an error in wording. The document incorrectly noted an escalation of project costs from $80 million in 2017 to $100 million today.
We apologize for this error and are working to have it corrected with LPAT. We fully understand errors like this can result in a misinterpretation of the facts. As part of our due diligence we want to publicly clarify for the community.
In March 2017, the City's consultant projected an initial cost of building the structure at approximately $80 million.
In June 2017, the final estimated budget for the project was presented to Council in the amount of $100 million. This increase from the original projection allowed for the cost of land, site development and off-site improvements, and was approved by City Council when the Kingsway site was selected.
The capital budget to construct the full Arena/Event Centre project remains unchanged at $100 million, consistent with the project plan approved by City Council.
To date, the total amount the City has invested in the Kingsway Entertainment District is approximately $2.425 million.
With the provincial emergency order remaining due to COVID-19, the four-day LPAT hearing scheduled for May 5, 2020 is adjourned to a future date.
March 18, 2020
The appeal filed by the Minnow Lake Restoration Group against the approval of the parking lots at the Kingsway Entertainment District was dismissed.
December 3, 2019
The City of Greater Sudbury has formally served its response to an application filed with the Superior Court of Justice related to the proceeding to have the by-laws on the Arena/Event Centre at the Kingsway Entertainment District set aside.
The response is six volumes and is comprised of approximately 2,000 pages of sworn affidavits and supporting documents. These affidavits were provided by: Jason Ferrigan, Director of Planning Services, Keith Forrester, Manager of Real Estate, David Shelsted, Project Manager of Arena/Event Centre and Ian Wood, Executive Director of Strategic Initiatives, Communications and Citizen Services.
The response sets out an accurate historical account of the processes undertaken by the City in the development of the Arena/Event Centre and the open, transparent, public decision-making process undertaken in relation to these matters. The documents describe in detail the adherence of the City’s processes to the Municipal and Planning Acts, and the Gaming Modernization Process established by OLG.
The City’s position remains to have the application dismissed, and to move forward with the Arena/Event Centre at the Kingsway Entertainment District. No court dates have been set.
- Affidavit sworn Jason Ferrigan, Director of Planning Services (PDF, 51,467 KB)
- Affidavit sworn Keith Forrester, Manager of Real Estate (PDF, 17,458 KB)
- Affidavit sworn David Shelsted, Arena/Event Centre Project Manager (PDF, 14,391 KB)
- Affidavit sworn Ian Wood, Executive Director of Strategic Initiatives, Communications and Citizen Service Centres (PDF, 670,494 KB)
August 8, 2019
- LPAT held a second Case Management Conference on August 8, 2019.
November 6, 2018
- LPAT held a Case Management Conference on November 6, 2018.
- LPAT determines all 12 of the appeals will be heard at a Case Management Conference in November 2018. Learn more about the LPAT appeals process.
- As of August 8, the appellants have 20 days to file their case materials. Once received, the City of Greater Sudbury has a 20 day response period to file their response.
- For access to any of the case submissions and materials regarding the appeals please contact the LPAT directly at 1-866-448-2248.
- 12 appeals are filed with the Local Planning Appeal Tribunal (LPAT) regarding the rezoning and official plan amendments.