Superior Court Hears Other Side Of KED Story

By Ben Hamill - July 05 2020

Superior Court Hears Other Side Of KED Story

If businessman and anti-gambling activist Tom Fortin had expected his legal representation to walk all over Gateway and the City of Greater Sudbury during a virtual presentation of arguments before the Superior Court this week, then he’s probably realised by now that it won’t be the walk in the park he had thought it would be.

With the Gateway/Kingsway Entertainment District controversy yet again a hot topic of legal conversation this week, the Superior Court on Tuesday got to hear the “other” side of the story when the City and the operator responded to the allegations brought against them by Fortin and his lawyer on Monday. The process was allowed to be conducted virtually in the best interests of physical distancing and the health of everyone involved in the years-long battle.

Many would recall that Fortin’s legal representative, one Gordon Petch, last year entered into the protracted argument a 1,500-page long application detailing how Gateway Casinos & Entertainment had allegedly benefited from biased decisions handed down by local city council officials. Fortin seemed intent on calling into question everything from the nature of the processes followed leading up to the operator having been granted the special-zone permission to develop a casino, all the way down to the fact that the negotiations had reportedly not involved the community to the extent that would have been considered fair and just.

Read More...Supreme Court To Rule On KED In September 

Second & Final Day

The City of Sudbury on Tuesday got to say its own piece regarding whether the approval process followed had been in any way biased toward the operator or inappropriate and unjust toward the local community. City legal representative Tom Halinski entered a 2,000-page counter-argument of his own on behalf of the city – a solid argument that basically nullified the allegations put to table by Fortin and his lawyer.

There are no grounds for Fortin’s complaints, the Superior Court heard from Halinski on Tuesday, a statement he was duly able to back up with the help of sworn affidavits and extensive documentary proof in support of the City’s own argument. 

Ruling Expected In September

Tuesday marked the second and last day of the application before Court and it’s now up to the rule of law to decide whether or not Gateway gets to proceed with the development of its Starlight Casino Sudbury.

Despite a few technical hiccups, interested parties were for the most part able to follow the Superior Court proceedings via YouTube. The Court is expected to hand down its ruling on September 17.

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