Court date delayed for Niagara-on-the-Lake’s injunction against Solmar and Two Sisters
An injunction filed by the Town of Niagara-on-the-Lake against Two Sisters Vineyards and Solmar Development Corp. regarding Randwood Estate was not heard in court on Thursday as scheduled.
Brent Harasym, legal counsel for the town, and Sara Premi and Woody McKaig, co-counsellors for the respondents, instead agreed before Judge Robert Reid to bring the matter to court the week of Dec. 17.
No documents responding to the injunction had been prepared by Nov. 29, the initial court date.
When Reid asked Premi whether there would be a response at the future date, she answered that there would be. The new hearing is expected to take between two hours to a half-day.
The town filed the injunction on Monday, Nov. 26, after what protesting Niagara-on-the-Lake residents described as a clear-cutting of trees on the Randwood Estate property.
Roughly 200 residents mourned the loss of the trees at a protest on Sunday, Nov. 18.
Incoming lord mayor Betty Disero said in a phone interview Thursday that she will not have access to the details of the injunction until she officially takes office in December, but she said that, as she understands it, the intention of the injunction was to “just take a pause” so a heritage planner can determine whether the heritage property has been damaged.
Town staff declined to reveal details of the injunction at this time. Chief administrative officer Holly Dowd declined to speak on the matter because it is unclear what details can be made public.
The town released a statement regarding the injunction on Nov. 23, stating its lawyer had “communicated numerous times” to the opposing legal team regarding the intention to file.
The town also said it would be filing charges under the Heritage Act.
Solmar Development Corp. and Two Sisters Vineyards released a combined media statement Thursday afternoon regarding the injunction.
“The recent removal of trees at 200 John St. is consistent with all rules and regulations including daily inspections by all government agencies,” said Solmar.
According to its statement, the company said it gave proper notice and received the OK from the town before work began.
Solmar countered in its statement that the construction did not impact the alleged heritage features, called the injunction “flawed” and “completely without any merit,” adding it will waste taxpayer dollars.
Two Sisters Vineyards said it is not involved in any of the work being done on the Randwood Estates or on any locations other than its vineyard.