Big Bay Point developer seeking costs
By Chris Simon

The developers of the multi-million dollar Big Bay Point Resort project are seeking $3.6 million in legal fees, after their plans were given approval by the Ontario Municipal Board recently.

Last month, the OMB approved the Geranium Corporation/Kimvar Enterprises' resort plans following a nearly four month hearing. Now, the developer is seeking several million in connected legal costs.

Kimvar's lawyer Jeffrey Davies recently sent a statement to the Ontario government, indicating his firm will attempt to obtain about $3.6 million from opposition to the site, including Nextine Limited, the Innisfil District Association, lawyer firm Gilbert's LLP and lawyers David Donnelly and Tim Gilbert.

"Kimvar will be seeking costs in connection with the (OMB) decision issued on Dec. 14," said Davies in the letter.

"Kimvar will seek costs in the approximate amount of $3.6 million ... on a joint and several basis."

Opponents of the site have filed a judicial review with the OMB, asking for more consultation with First Nations groups. That review is expected to take place in February.

If opponents get there way, the review could overturn the recent OMB decision.

"We're upset that the OMB has rubber-stamped the development proposal without doing us the courtesy of explaining how or why this large scale development fits with an overall protection strategy for Lake (Simcoe)," said Robert Eisenberg, co-chair of Campaign Lake Simcoe and a founder of the Rescue Lake Simcoe Coalition. "When my neighbours find out that the OMB thinks it's OK to dig a hole in the ground the size of 15 football fields and call it fish habitat, they're going to hire the same lobbyists that the developer did to pull this neat trick."

Geranium representative Jim Maclean says the company is seeking costs because opponents presented inaccurate and incomplete information throughout the OMB hearing.

"The costs claimed include fees and disbursements paid by Kimvar for its own lawyers and consultants and for the lawyers and consultants retained by (Innisfil) and (Simcoe) County," he said.

"The board will generally consider granting costs where the party or persons against whom costs are claimed have acted unreasonably, frivolously, vexatiously or in bad faith. The opposing parties and or their counsel did not give their expert witnesses all of the written evidence and reports of like experts for the town, county or Kimvar.

"They were also given inaccurate information."

However, if the 235-hectare resort goes ahead as planned, it will feature 1,600 residential housing units, 400 hotel rooms, a golf course, 1,000-slip marina, conference centre, theatre, an indoor sports, recreation and fitness facility and retail space.

As part of the plan, Geranium will spend $10 million to extend sewer service from the Alcona Waste Water Treatment plant to the resort, giving 1,600 current property owners with septic systems an opportunity to switch to municipal services.

The resort will also include an 87-hectare stretch of environmentally protected land, and the confinement of significant development to the eastern section of the property.

It will also be built to stringent Leadership in Energy and Environmental Design (LEED) standards.

The project has been approved by the county and Innisfil municipal governments, and is significantly scaled down from the original proposal made by the Geranium in 2002. Upon completion, the resort will provide 940 permanent jobs, and several million dollars in economic spinoffs for the town and local businesses.