Demolition of the Royal George Theatre will remain on hold after a Divisional Court judge delayed a scheduled hearing in a legal challenge over the project.
The case, brought forward last month by Centurion Building Corporation and president Nicholas Colaneri, is asking the court to review whether the Town of Niagara-on-the-Lake followed planning and heritage laws when it approved the Shaw Festival’s plan to tear down and rebuild the theatre.
In a new endorsement released March 2, Justice Byrdena MacNeil said the Feb. 26 judicial review hearing could not proceed because such cases must be heard by a panel of judges unless special permission is granted.
The court held a meeting Feb. 27 to determine next steps and schedule a new hearing date. The hearing is now expected to take place March 25.
The endorsement says structural demolition of the Royal George, or the box office building next door, will not occur before March 23, while Shaw’s chief executive officer, Tim Jennings, says Shaw demolition will not proceed until after the March 25 hearing. The work had originally been scheduled for late March or early April.
“The Shaw Festival undertakes to the court that the Shaw Festival shall not undertake any demolition of the structures on the Queen Street properties known municipally as 79 and 83 Queen St., which includes the Royal George Theatre, before March 23,” said the endorsement.
It said Shaw lawyers warned the matter is urgent and any further delays could “seriously impact in a negative manner on the project’s funding.” The Lake Report asked Shaw how delays could affect project funding, but the organization said it would not provide further comment because the matter is before the courts.
Jennings said the pause is voluntary.
“The court has not ordered a stay,” he said in a March 3 statement. “Shaw agreed to this undertaking of its own volition after the initial hearing was delayed.”
“We, together with the town, believe this review will find all matters were properly conducted by both the town and the Shaw, and look forward to this being resolved quickly.”
Jennings said Shaw is “continuing with other work on the project while this matter is waiting to be heard.” Shaw declined to elaborate further on what work is currently underway, saying the matter is before the courts.
Colaneri said the case is about ensuring the town’s decision followed the law before demolition occurs.
“Demolition is irreversible. Once it happens it cannot be undone,” he said in an email.
Maintaining the pause allows the court to review whether the town’s decision complied with planning and heritage laws before “something permanent occurs,” he added.
“What’s at stake is public confidence and trust in how decisions are made in our town.”
Lord Mayor Gary Zalepa said he is “confident that the town is preparing for that review” and that council looks forward to the outcome.
Communications co-ordinator Marah Minor said the town cannot comment because the matter is under litigation and added no permissions for any sort of “activities” have been granted for lands at 79–83 Queen St. since the demolition pause took effect.
