Manitoba Judge Blocks Excavation at Winnipeg Curling Club Site Amid Housing Development Legal Battle

A Manitoba judge has ordered a temporary halt to major excavation work on a parking lot beside Winnipeg’s Granite Curling Club, saying he wants to preserve the site’s current condition while considering the club’s legal challenge against a proposed housing development.

Court of King’s Bench Justice Amiran Kotler announced on Friday that he would grant the curling club’s request for an injunction, preventing the developer from digging up the parking lot until a decision is reached on the club’s judicial review of the city’s rezoning approval.

Explaining the purpose of the order, Kotler said construction-related preparations and administrative work could continue, but the physical condition of the parking lot must remain unchanged.

“The thrust of the order is everything can go ahead except digging up the lot,” the judge said, emphasizing that his decision was intended to maintain the status quo until the underlying legal dispute is resolved.

The legal battle centres on a city-owned parking lot that the Granite Curling Club has used for decades. The City of Winnipeg approved a rezoning bylaw that would allow the land beside the club to be redeveloped into a residential housing tower.

The proposed development includes a 12-storey building containing 111 residential units. However, the curling club has strongly opposed the plan, arguing that losing the parking facilities would seriously threaten its operations and financial stability.

During a court hearing in June, the club’s lawyer, James Mercury, argued that the city’s approval of the rezoning bylaw was legally flawed and asked the court to overturn the decision. The club also maintained that the alternative parking arrangements proposed by the city would not adequately address the needs of its members and visitors.

The judicial review remains before Justice Kotler, who said he is working to complete his decision as quickly as possible.

The club sought the injunction after its lawyer raised concerns that excavation work had already begun at the site in November. Meanwhile, the city’s online permit records show that partial foundation permits have been issued, along with a development permit for the proposed residential building.

Kotler said the curling club had satisfied the legal requirements for an injunction, particularly because allowing excavation to proceed could cause irreparable harm before the court reaches a final decision.

The judge noted that transforming a parking lot involved in an ongoing legal dispute into an excavated construction site could create serious complications if the club ultimately succeeds in its challenge.

The developer had argued that its lease included a provision requiring the parking lot to be filled in and restored to its original condition if the agreement was terminated because of an injunction.

Kotler described the provision as a compelling argument but said it did not adequately eliminate the risks facing the curling club. He pointed out that the club was not a party to the lease and therefore had no direct legal means of enforcing that restoration agreement.

He also expressed concern that even if the land were eventually restored, the time required to complete the work could leave the club without sufficient parking for an extended period, potentially undermining its financial viability.

Lawyers representing the city and developer argued that the curling club’s lease had already been terminated and that it had no legal right to prevent development on the property.

Kotler acknowledged that the club no longer had a legal interest in the land but said that fact alone did not prevent it from seeking an injunction.

He explained that the club was attempting to preserve the possibility of using the parking lot as part of an alternative parking arrangement recommended during the municipal approval process but ultimately rejected by the city.

According to the judge, maintaining the parking lot’s existing condition would ensure that the land remained available for consideration if the club succeeds in its judicial review. He said the club did not need to own or legally control the property to seek that protection.

The city and developer also warned that delays could increase project costs and jeopardize financing, potentially causing funding for the housing development to disappear if construction did not move forward.

Kotler recognized those concerns, acknowledging that the parties were making genuine efforts to avoid financial losses and project delays.

However, he also highlighted the wider public interest in affordable housing, describing the need for affordable homes as urgent and vital.

Following the ruling, Christian Pierce, vice-president and secretary of the Granite Curling Club’s board, welcomed the decision, saying it ensures that the city’s development plans cannot move forward without respecting the judicial process.

Pierce said the club’s board would meet after the court delivers its decision on the rezoning challenge to determine the next steps in the best interests of the organization and its members.

The injunction does not cancel the proposed housing development or determine the outcome of the rezoning dispute. It temporarily prevents excavation while the court considers whether the city’s approval process was legally sound.

The case highlights the growing challenge of balancing housing development and affordable housing needs with the interests of established community organizations that depend on existing public spaces and facilities. For the Granite Curling Club, the outcome could have significant consequences for its future operations and its ability to continue serving Winnipeg’s curling community.

Courtesy: ctvnews