‘Doesn’t change anything,’ says Reptilia’s lawyer as London, Ont. seeks court order | 24CA News
The City of London is taking authorized motion in opposition to Reptilia, arguing that the indoor zoo will not be exempt from the native animal management bylaw.
According to court docket paperwork obtained by Global News, an software to the Superior Court has been filed by town to maneuver the difficulty in entrance of a decide for a choice at a later date.
The software asks a decide to declare that Reptilia has not been exempted from London’s animal management bylaw and concern an order that might bar Reptilia from maintaining animals prohibited below the bylaw.
“The Respondents applied to city council three times seeking an exemption to the Animal Control By-Law which would allow them to exhibit Class 7 animals,” the court docket paperwork state. “Each time the Respondents have approached council, council has denied their request.”
Back in February, metropolis council voted 9-6 in opposition to transferring ahead with the method of granting an exemption for the reptile zoo to deal with Class 7 animals, which embrace crocodiles, alligators, venomous snakes and venomous lizards not native to Canada.
Additionally, in accordance with the appliance filed by town earlier this month, the municipal animal management by-law “contains an exemption for zoos that are licensed by a municipal or other governmental authority.”
“The only licence available is under the Provincial Fish and Wildlife Conservation Act, which permits certain native species to be kept. The keeping of other animals is not regulated by the Province.”
Michael Lerner, a lawyer representing Reptilia, stated that Reptilia, which additionally has amenities in each Vaughan and Whitby, would open below the authorized opinion that since they function below a provincial licence, they’re exempt from municipal bylaws regarding animals.
The current court docket software comes lower than two months after Reptilia opened its doorways in Westmount Commons.
“What Reptilia is doing is legal,” he stated. “People can make a choice whether or not they want to attend the facility or not, just like how smoking is legal and people choose as to whether or not they want to smoke.”
“Reptilia is a rather innocuous venture where people’s lives are not in jeopardy and is of educational value,” Lerner added.
He stated that following town’s current court docket software, the reptile zoo was not stunned to listen to the news.
“We anticipated from the outset that the city eventually would take one of two courses of action; They would either lay a charge under the bylaw that would then wend its way through the Provincial Offences court through a trial, or alternatively, to apply directly to the superior court asking for the declaration that we are not exempt,” he stated.
Lerner confirmed to Global News that Reptilia will oppose town’s software.
“We will file a response with our own material,” he stated. “The matter is returnable on July 7 which will really be an initial appearance, at which time I have no doubt that both sides will ask the matter to be adjourned to a special appointment before a judge of the court.”
He stated that the appointment would doubtless be scheduled someday within the early fall, including that the appliance “doesn’t change anything” with regards to Reptilia’s means to function within the Forest City proper now.
“As of this past weekend, we’ve had over 12,500 visits from all over Ontario, Michigan, Ohio, [and] Quebec. We also have had over 500 special events where people have made reservations to bring groups in for either parties or just to view the exhibit,” Lerner stated.
“As we indicated in our applications to the city, we thought that it would revitalize the Westmount Mall,” he continued. “I was told on Friday that since Reptilia has been open, there have been two new tenants, both of which asked to be located in proximity to Reptilia.”
Lerner added that Reptilia is “ready, willing and available to meet with the city [and] its solicitors at any time to see if we can work out something that will avoid the considerable expense of having to go through the court process.”
The City of London didn’t reply to a request to remark in time of publication.
— with recordsdata from Global News’ Marshall Healey.
© 2023 Global News, a division of Corus Entertainment Inc.
