Legal hurdles could still impact resort hearing
By Chris Simon

Big Bay Point Resort could still be months away from meeting its fate, says a lawyer representing the site's developers.

Last month, lawyers representing the supporters and opponents of the proposed 235-hectare Innisfil property made their closing arguments in an Ontario Municipal Board hearing that was supposed to decide the future of the resort. However, opponents of the project have filed a judicial review with the OMB, asking for more consultation with First Nations representatives before a final decision is reached. That review will be undertaken after a verdict is reached, something that could push an ultimate decision on the site back by months. Site supporters hope to have the issue solved in February, when they ask judges to end the review, said lawyer Jeffrey Davies, who represents developers Kimvar Enterprises/Geranium Corporation.

"In February, we're bringing a motion to strike the (First Nations) review for lack of standing. They're claiming that the OMB refused to give status to the Huron Wendat (Nation), yet they did not ask the OMB for status and the OMB did not refuse it," he said. "How can you appeal a decision that was not made?"

If opponents get their way, the review could overturn any previous decision made by the OMB.

"If they're successful, that could impact on the OMB decision," said Davies.

If approved by the OMB, the resort would feature 1,600 residential housing units, 400 hotel rooms, a golf course, marina, conference centre, theatre, an indoor sports, recreation and fitness facility and retail space.

The project has been approved by Simcoe County and Innisfil municipal governments, and is significantly scaled down from the original proposal made by the Geranium Corporation/Kimvar Enterprises in 2002. The current proposal includes an 87- hectare stretch of environmentally protected land and the confinement of significant development to the eastern section of the property.

Opponents of the site, which include the Innisfil District Association and two other groups, say the site will cause environmental damage to the Lake SImcoe watershed. They've also expressed concerns the site may be built on historically significant First Nations land.

However, a Kimvar-hired archaeologist has already said the site is not historically significant.

The resort will also improve the environment around the Big Bay Point area, by building sewers and hopefully improving water treatment facilities, said Davies.

"It's a very creative, exceptionally designed, environmentally sensitive resort. It will bring tourists, badly needed jobs and rejuvenation to Innisfil, as well as all kinds of recreational and cultural amenities," he said.

"There's a lot of people there that want to keep (the area) for themselves. This will bring sewers to the area, and an improvement to the town's sewage treatment plant."

A lawyer representing opponents of the site could not be reached for comment.