Parties to discuss new hearing date this week for Kingsway Entertainment District planning appeal

As tribunals and court proceedings begin to resume in Ontario, parties on both sides of the dispute over Sudbury's planned Kingsway Entertainment District (KED) say they hope to see a final resolution soon.

A Local Planning Appeal Tribunal (LPAT) hearing date set for May 5 was cancelled due to COVID-19 — just the latest delay for the project, which was originally slated to be built by 2020.

A dozen appeals — regarding the city's rezoning and official plan amendments — were filed with LPAT in 2018. In December 2019, Casino Free Sudbury also filed an application with the Superior Court of Justice on issues related to the process the city followed — which LPAT had ruled was outside its jurisdiction. 

On Wednesday, June 10, the parties involved with the LPAT proceedings will meet via teleconference to discuss a new hearing date.

"We're standing here at the 11th hour on the eve of finally the superior court and the LPAT hearings," said  KED developer Dario Zulich.  

Zulich said he, the city, and Gateway Casinos "are standing aligned and stronger than ever." 

"We're looking forward to starting as soon as the road blocks are removed," Zulich said. 

'A considerable cost'

Officials with the City of Greater Sudbury would not comment on the current status of the project. However a spokesperson said city manager Ian Wood will be giving a presentation to city council on large projects during its Tuesday meeting. 

The city recently stated it is projecting a $14 million financial hit by the end of the year due to COVID-19. The city came up with a list of capital projects that could be cancelled or reduced this year, which would save the city more than $5 million. 

Given the city's financial circumstances, KED opponent Tom Fortin, who is with the group Casino Free Sudbury, says he feels even more strongly that the development is not good for the city.

"When you look at the project, it is a considerable cost. And it just doesn't make sense at this time to do it," Fortin said. 

Fortin is one of several appellants in the LPAT proceedings, along with Christopher Duncanson-Hales, the Sudbury Business Improvement Area and Steve May. 

LPAT has dismissed an appeal by the Minnow Lake Restoration Group.

Fortin said a Superior Court date has been set for the end of this month, and he hopes to have the LPAT hearing set for a date after the court decision is issued. 

Fortin said he is feeling optimistic about his side's chances. Above all, he said, he's looking forward to a resolution.

"I just want to get on with my life. Let's get this dealt with, whatever way it goes."

Adapting project in light of COVID-19

While COVID-19 has delayed court proceedings, Christopher Duncanson-Hales says the parties involved should also consider the affects of the pandemic on the business model of an arena and casino.

"I don't see it as being viable, I think the whole casino gravy train has to be rethought, because it's just not going to bring in the money that people are expecting," Duncanson-Hales said. 

A spokesperson for Gateway Casinos would not comment to CBC, except to say he hopes a new LPAT hearing date will be set.

As for Zulich, he said the pandemic will have an affect on the design of buildings, and how business is done. But he said that's a challenge that can be overcome. 

"There are means in terms of sterilizing facilities and arenas and making more space and you know having air barriers at entrances to facilities to having touchless ticketing and so on," Zulich said. 

"We live in a new world and we take all that into account, but we're very confident that we can overcome it."