Superior Court Scraps KED Bias Allegations

Kingsway Entertainment District might be one step closer to its goal of completing its construction and launching operation for good. The Superior Court recently issued its ruling that the City of Greater Sudbury did not show bias when giving its approval to the CA$100-million entertainment zone. Back in the fall of 2019, Tom Fortin, a local businessman claimed this in a lawsuit.

For quite a while, the region of Greater Sudbury has been divided on the topic of the special entertainment zone and its various offerings. Mr. Fortin is one of the main opponents of the project and he has led a continuous battle against it. The last days of October 2019 saw him launch a legal battle against the potential entertainment hotspot, seeking justice and fair conditions for the locals.

Kingsway Entertainment District

Back then, the local businessman filed evidence suggesting that the City of Greater Sudbury showed bias when it gave its approval to the special zone project including a casino venue. This had supposedly taken place in April 2018, when local officials gave green light to several bylaws allowing the construction.

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Across a total of 1,500 pages, he laid all the information he had on the subject with the help of his lawyer. Along with Mr. Fortin, the document was also supported by the informational input of well-informed individuals. Those were Jeff MacIntyre, former chair of the downtown BIA, as well as Rowan Faludi, author of an economic and financial analysis of the Kingsway Entertainment District.

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The Superior Court issued its decision this week and scrapped the challenge. Regional Senior Judge Ellies pointed out that Mr. Fortin has failed to establish that there was any statutory breach in the documents filed. Moreover, the 1,500 pages were also unable to support the allegations of prejudice shown by the local officials that gave their approval to the bylaws in question.

Legal Battle

Mr. Fortin highlights in his challenge that the City of Greater Sudbury gave its permission to the agreement with Dario Zulich, actively participating in the project. 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.

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In response, Premier Ford forwarded the request to the Minister of Municipal Affairs and Housing. The judge also stated that the particular location of the Kingsway Entertainment District has been pinpointed following a careful evaluation, along with the mandatory study evaluating the potential impact it could have on the area.

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Both the City of Greater Sudbury and property developer Dario Zulich expressed their contentment with the recent ruling and pointed out that it is time for the project to continue its development. At this point in the conversation, Kingsway Entertainment District also faces challenges related to the Local Planning Appeal Tribunal and the numerous appeals filed with it. The City Council wants to see their resolution in a timely manner so that the project receives green light to continue its construction.