The Township of King is under legal threat from a group of local environmental advocates opposed to a long-term care facility being developed on the Oak Ridges Moraine.
The Concerned Citizens of King Township and Save The Oak Ridges Moraine (STORM) groups are preparing to file a motion with the Ontario Court of Justice over the project that has progressed to a building permit on the environmentally protected lands. The owners of Marylake Monastery plan to develop a large-scale senior housing area north of King City.
But the groups say the justification for the project is faulty, accusing the landowners of falsely claiming long-term care has taken place at the monastery already on the Oak Ridges Moraine land.
“We wouldn’t be doing this if we didn’t think we were going to be successful,” Mary Muter of the Kingscross Ratepayers Association said. “We have some pretty strong evidence.”
The application has been ongoing for a couple of years, boosted by a provincial ministerial zoning order that has allowed zoning to go ahead regardless of municipal input. The Augustinian Fathers (Ontario) Inc. Plans to construct an Augustinian Village at its large property on 14260 Keele St. for a continuum of seniors’ care, starting with a long-term care facility.
At issue is whether the existing monastery on the site has been used for long-term care. The Oak Ridges Moraine Conservation Plan restricts development on the lands, but not where an existing use is the same. To that end, the corporation has said the monastery has been used for long-term care, with the Marylake facility caring for retired friars. This has satisfied municipal planning staff that the project could go ahead.
Muter said the citizens groups contest that assertion, adding that they have witness testimony backing them. The potential legal filing aims to scrutinize the site plan approvals.
“In our opinion, the applicant has not sufficiently demonstrated that Marylake Monastery has ever operated as a long-term care facility," said Debbe Crandall, director of STORM. “As such, it is our opinion that this application is out of conformity with the existing use policies of the Oak Ridges Moraine Plan."
The groups are also taking issue with what they feel was a lack of public consultation and input, with staff signing off on site plan approvals without it coming before council again, a process sped up by Bill 109.
“We cannot, in Ontario, let this kind of development happen in such a sensitive location outside of the settlement area without the public having a voice,” Muter said.
The municipality responded, disagreeing with the position of the residents groups.
“The construction of a long-term care facility at Marylake is fully aligned with the Oak Ridges Moraine Conservation Plan, which allows for the expansion of existing uses,” the township said. “The Augustinian Fathers have owned and operated the Marylake Campus since the 1940s and have used the property as a long-term care facility for aging and retired friars since then.”
Although the citizens issued a news release Sept. 8, Muter said they have not yet filed the legal motion, though have retained a lawyer to do so. She said they plan to have a public meeting and hope to find a resolution with council before doing anything.
With a building permit granted, Muter said that if they do progress to legal motion, they would likely seek a stay from the courts to halt construction.
She described the whole planning process as having been disappointing.
“It’s unfortunate because our voices, we feel, have not been heard.”
