As expected, the lawyer for Sudbury businessman Tom Fortin has filed an appeal of a Superior Court decision that rejected claims city council in Greater Sudbury was biased when it chose the Kingsway as the site for a new public arena.
Lawyer Gordon Petch filed the papers Friday, the last day when the appeal could be made.
The site was chosen in June 2017, and planning approvals to build the $100 million arena and $60 million casino were approved in spring 2018. The Kingsway Entertainment District, as it has become known, has been under appeal ever since. A hotel is also planned on the property, which is owned by developer Dario Zulich. Zulich transferred the land needed for the arena to the city for a nominal sum.
The bias argument was originally part of the planning appeals to the province's Local Planning Appeals Tribunal. But the LPAT struck the issue from the case, ruling it was beyond its jurisdiction and should be heard in Superior Court.
Fortin lost that case early last month when Justice Gregory Ellies, regional senior judge for the Northeast Region, rejected nearly all the arguments put forward by Petch.
Petch announced during the LPAT hearing into the case on Sept. 17 that he would be appealing the Superior Court decision by the Oct. 2 deadline.
Petch asked the tribunal to hold off on a decision until the Ontario Court of Appeal case is heard, while lawyers for Greater Sudbury, Gateway Casinos and Zulich asked for a decision as soon as possible.
David Lanthier, vice-chair of the LPAT, said he would take a few days before making a decision. Greater Sudbury said this week that decision has still not been made.