CORRECTION: An earlier version of this story’s headline incorrectly stated that Centurion Building Corporation had filed an appeal motion in the Royal George Theatre case. In fact, Centurion has filed a motion for leave to appeal, which asks the court to determine whether an appeal can proceed. The story has also been updated to clarify that Shaw is not involved in any direct communications with Centurion or its president, Nicholas Colaneri. However, legal counsel for both parties have been communicating with each other. In addition, the Shaw has undertaken not to carry out structural demolition without five days’ notice. As a result, legal counsel for Centurion says a stay motion is not necessary.
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 determine whether an appeal of the Divisional Court’s decision can proceed — to be heard in writing on a date to be set by the court — and another seeking a stay to halt any demolition at the Queen Street site pending the court’s decision.
Regarding the stay of motion, after discussions between the Shaw, Centurion and the court, the Shaw Festival agreed not to carry out structural demolition without five days’ notice. Centurion’s lawyer, Eric Gillespie, said as a result, the stay motion isn’t necessary anymore.
No decision has been made on the appeal motion.
Centurion president Nicholas Colaneri told The Lake Report that the company received an “instant response” from Shaw to negotiate the stay. Shaw spokesperson Cathy Cowan said the theatre is not involved in any direct communications with Colaneri or Centurion. Executive director Tim Jennings later clarified that lawyers for the Shaw, Centurion and the Town of NOTL are in touch with each other.
Colaneri 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.
