In a lengthy ruling from the Ontario Superior Court of Justice, the Town of Fort Frances has had its claims to the lands that make up the Point Park, as well as claims for financial compensation, dismissed in their entirety.
The 72-page ruling was issued on Tuesday, June 17, 2025, by Justice J.S. Fregeau, and represents the latest decision in a legal standoff that has been ongoing for decades, though the issue at hand dates back to before the turn of the 20th century.
The ruling focuses on the land that makes up Point Park and the town and Agency One’s competing claims for ownership. The town has argued that the agreements struck through the years with the governments of Ontario and Canada has given them ownership of the property, while Agency One argues the land was never sold or given outright but was always the subject of a longterm lease between the Town of Fort Frances that expired in 2009.
Fregeau’s ruling dismissed the town’s claims of ownership, highlighting, among other points, the wording of a 1908 agreement the town claims gives it a “permanent, legal interest” in the lands and saying that he was “not persuaded” by the town’s argument.
The justice also dismissed two additional claims made by the town for damages for “breach of promise and agreement, and/or breach of duty” between it and the governments of Canada and Ontario in the event that the justice’s decision did not side with the town, asking for $50,000,000 for failing to comply with the September 1908 Order in Council, and a further $2,000,000 as reimbursement for “capital improvements undertaken by the Town for Point Park on the basis of unjust enrichment.” Fregeau said he found “no trust has been established on the record” that shows either government was in a fiduciary relationship with the town that would give merit to the town’s claim of any breach of trust.
In a press release following the justice’s report being released, Agency One, which is comprised of Couchiching, Mitaanjigamiing, Naicatchewenin and Nigigoonsiminikaaning First Nations, welcomed the decision and called for the town and governments to work together with Agency One to move forward in “building a future grounded in respectful dialogue, environmental stewardship, and shared community wellbeing.”
“This is not a moment for triumph, it is a moment for clarity,” said Agency One Chiefs and Councils.
“This decision reaffirms what our Elders, leaders, and communities have always known – that the promises made to our people cannot be overridden by convenience or assumptions of entitlement… We call upon municipal, provincial, and federal governments to reflect on the consequences of this case and to work with us — not around us — as we move forward. The harm of past decisions, made without our consent, must not be repeated.”
The Town of Fort Frances released a statement acknowledging the decision, and promising residents that it would have more to say on the issue after “carefully reviewing the decision.”
“This complex matter is important to us, and we want to take the time to fully review and consider the details before making any further comment” the statement continues.
“We appreciate your patience and understanding as we go through this process. This matter will be brought forward for discussion at our next regular Council meeting, and we will share more information as soon as possible.”
For more about the decision, including discussion from next week’s regular Council meeting, see next Wednesday’s issue of the Fort Frances Times. Justice Fregeau’s complete report can be found below.
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