This year marks the fourth year Martin Ross has been fighting with the City of Markham over his backyard hockey rink.
During the 2020 COVID-19 lockdown, the Unionville resident built a backyard rink for his children. What started as a simple DIY rink, made with wood boards and a garden hose, evolved into a full-scale outdoor setup with chillers and hockey boards, a project that took Ross’s life savings.
The rink, however, situated on Ross's heritage-designated property, soon drew complaints from neighbours about tree removal, unauthorized changes and noise, sparking intervention from the city.
After multiple complaints, the city fined Ross for tree felling and denied his application to retain the concrete sports pad and accessory structures.
Ross admits he didn’t file for a permit before construction, because when he looked at the heritage requirements, he felt his project met all the criteria.
“The permit applies to structures visible to the public, and mine is 200 feet from the property line — hardly a heritage concern,” he defended.
Ross says he paid the fines and replanted more than 100 trees to address environmental concerns, which he claims far exceeded the city’s requirements. However, the city stood firm on its decision to remove the rink, despite a recommendation from the Markham heritage committee to approve his permit.
A 2021 report by heritage planning manager Regan Hutcheson supported the project: “Although the loss of mature vegetation from the rear yard without prior authorization or approval is of concern, we recommend council approve the heritage permit application in support of the rear-yard concrete sports pad and cabana structure.”
The dispute then escalated, leading to multiple court battles.
In 2021, the city obtained a court order requiring Ross to remove the rink or face a demolition cost of $70,000. A year later, Ontario’s Superior Court upheld this order, ruling Ross had violated his heritage easement agreement by altering the land and removing trees without city approval. The court also issued a permanent injunction preventing further unauthorized changes.
Ross’s attempt to appeal under the Charter of Rights and Freedoms was also dismissed.
He now faces potential bankruptcy as demolition costs have surged from $70,000 to up to $350,000.
If forced to pay, Ross fears he and his two children could be left homeless.
The community’s response has been divided. Some neighbours support Ross, seeing the rink as a positive recreational space, no different than a backyard swimming pool. An online petition titled "Save Ross’s Backyard Ice Rink in Unionville" has gathered more than 1,000 signatures. The goal is 1,500.
Unionville resident Masood Mohajer voiced his astonishment over the city’s persistence. “I understand the city has spent significant taxpayer dollars on court proceedings related to the rink, but it causes no harm to the community.”
The city did not respond to requests for comments on the litigation costs.
On the other hand, not all neighbours agree with Ross’s actions. Some cited noise and potential drainage issues as primary concerns and one resident, who prefers to be not named, suggested Ross might be profiting from the rink.
“It’s one thing to build a rink for family fun, but if he’s using it to run a business, that’s a problem. It even shows the business name — Toronto Professional Hockey School — if you google his home address.”
Ross denies these claims, stating he holds his hockey classes elsewhere and has never used the rink for commercial purposes or played hockey in early mornings and late nights.
“I am just a father who wants to keep his kids healthy and happy,” he said. “Hockey is our national sport. Too bad they cannot appreciate kids’ laughter.”
The City of Markham maintains its position that heritage-designated properties require strict oversight, including approval for any changes affecting the property’s appearance, landscape or environmental footprint.
Communications specialist Pody Lui emphasized that the city had made multiple attempts to reach an agreement with Ross before turning to legal action. But when asked whether the core issue in Ross's case was procedural or related to the size of the rink — and if the city’s stance might have differed had he sought approval beforehand — Lui declined further comment.
As a last-ditch attempt to save the rink, Ross submitted another heritage permit application, but the city rejected it on Oct. 25.
Citing a court document from Dec. 6, 2022, the city states that “Section 2.9 of the Easement Agreement grants the city the power to enter the property to perform remedial work if the owner has not done so in a manner that satisfies the city.”
With a demolition deadline approaching, the fate of Ross's backyard rink remain uncertain.
Scarlett Liu is a federally funded Local Journalism Initiative reporter at Markham Economist & Sun
