Court application by the Marotta companies to overturn decision to proceed with designation of Rand Estate (at Niagara-on-the-Lake) under Ontario Heritage Act has been rejected

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I’ve been following the land use decision making process regarding Randwood Estates in Niagara-on-the-Lake for some time.

Rear of the Rand Estate at 588 Charlotte, Niagara-on-the-Lake, Nov. 1, 2018. Source: SORE article.

An excerpt from a Jan. 10, 2020 update at the Save Our Rand Estate (SORE) website reads:

SORE is thrilled to report that the court application by the Marotta companies to overturn your elected Council’s decision to proceed with designation of the Rand Estate under the Ontario Heritage Act has been completely rejected.

Rear of the Rand Estate at 588 Charlotte, Nov. 12, 2018. Source: Nov. 12, 2018 Save Our Rand Estate (SORE) article.

Rear of the Rand Estate at 588 Charlotte, Niagara-on-the-Lake, Nov. 12, 2018. Source: SORE article.

In a decision released today by the Ontario Superior Court, Madame Justice Walters found against the Marotta group on every ground and dismissed their application with costs payable to both the Town and to SORE.

This is a decisive victory for both the Town and SORE. For the last year, the now clearly spurious attempt by the Marotta group lawyer to hold the Town and SORE hostage to this legal challenge has impaired the ability of the Town to proceed with the prosecution of the Marotta companies for alleged violations of the Heritage Act for last November’s outrageous clear-cutting at the Rand Estate. That prosecution can now proceed and SORE will be watching that closely.

Ontario Heritage Act

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