A Divisional Court panel has dismissed a legal challenge against Niagara-on-the-Lake’s handling of the Royal George Theatre project, finding the town’s process was thorough and justified.
The decision, released March 24, rejects a judicial review application filed by Centurion Building Corporation related to the proposed demolition and redevelopment at 79-83 Queen St.
In its ruling, the court said the town undertook months of consultation, reviewed expert reports and addressed key heritage concerns before making its decision. It concluded council acted in the broader public interest and in accordance with legislative requirements.
While costs have not been formally decided, the court’s ruling said the Town of NOTL is entitled to $25,000 and the Shaw Festival to $30,000.
But the dispute is continuing.
On March 25, Centurion filed two motions with the Court of Appeal for Ontario: one seeking leave to appeal the Divisional Court decision — to be heard in writing at a date to be set by the court — and another seeking a stay to halt any demolition at the Queen Street site pending the outcome of the appeal.
The stay motion is scheduled to be heard March 26. No decisions have been made on either motion.
Centurion president Nicholas Colaneri said the company received an “instant response” from Shaw to negotiate the stay.
“Things are in the works still,” Colaneri told The Lake Report. “Nothing is finalized.”
In addition, he called the town’s “claim of vindication” premature and said the Court of Appeal “will have the final say.”
In its filing, Centurion argues the Divisional Court made several legal errors, including misapplying the law on standing, the Ontario Heritage Act and legal non-conforming uses.
The company also alleges the court relied on case law not presented during the hearing and reached conclusions without evidence.
Centurion is also asking that costs for the motion be reserved to the panel that would hear any future appeal.
The case names Centurion as the appellant, with the Shaw Festival and the Town of Niagara-on-the-Lake listed as respondents.
Town staff say they will continue working through the required planning, heritage and building processes as the file moves forward, adding the municipality remains committed to following all legislative and legal requirements.
