Bennett Jones
Richard Swan (who is acting for Gateway Casinos along with Andrew Jeanrie and Ian Thompson) appears in sudbury.com's coverage of the Superior Court hearing on Tom Fortin v. The City of Greater Sudbury. The City and Gateway Casinos made their cases during day two of the hearing.
Gateway Casinos was represented by Richard Swan, who took "roughly an hour digging through case law, and call(ed) Fortin's application the "everything but the kitchen sink approach"."
"The majority of the complaints are not legally relevant," said Swan. "The only question is whether the four bylaws should be quashed for illegality."
The four bylaws include two related to the city's Official Plan and zoning, one related to an arena and one related to a parking lot.
Swan leaned heavily on the Municipal Act, specifically sections 272 and 273, indicating that you can not quash a bylaw based on unreasonableness.
"This is a backdoor bad faith review," said Swan who went back as far as 2012 when the city began discussions about a casino in Greater Sudbury.
"The applicant could have challenged any bylaw or order but chose not to until 2018," said Swan. "He can not bring back to life other resolutions that could have been challenged but were not."