A court judge has dismissed the town of Fort Frances’ efforts to lay claim to Point Park.
The ruling by Ontario Superior Court Justice John Fregeau ends a court battle that was first initiated by the town in 2009.
That is when a 100-year lease allowing the park expired.
At the time, Canada advised town officials that it did not intend to renew the lease, returning the Agency One lands back to the First Nations.
The town obtained a court order in April 2010 to continue the park’s operations until the town’s claims were resolved.
Four First Nations had previously taken Ontario and Canada to court over the land, eventually settling in 2018.
The town argued the land was not a legal reserve, suggesting Ontario did not give its consent to Canada but allowed it to grant part of the land to the town for park purposes.
Fregeau dismissed the claim, noting in his ruling that Ontario never disputed the existence of the Agency One Reserve nor asserted sole authority over it.
He adds that Ontario’s Order-in Council allowing for a lease arrangement was not intended to create an ongoing contractual obligation between Canada and the Town, referring to lease agreements signed in 1910 and 1927 and other requests made by the town.
“The actions of the Town in entering into these leases and honouring their terms over the last 100 years is inconsistent with the Town’s current position that Canada is somehow obligated, pursuant to the Ontario 1908 OIC, to continue to grant a lease to the Town in perpetuity,” he writes.
Fregeau also dismissed claims for $50 million from Ontario and Canada and an additional $2 million to offset maintenance conducted by the town at the park.
The town may not be required to cover the cost of all of the legal expenses related to the case.
Fregeau has given all parties 30 days to sort out what those costs will be.
