The Town of Fort Frances will continue to run Pither’s Point Park, until the legal questions of its use and ownership are answered, after a leave to appeal made by Canada, Ontario and the four First Nations involved in the court case was denied yesterday.
Superior Court Justice D.C. Shaw ruled that the moving parties failed to meet the test for granting leave to appeal, and that the motion be dismissed.
As previously reported, the town had brought a motion before Superior Court in Thunder Bay on April 22 to attempt to clarify the use of Pither’s Point Park.
On April 27, Superior Court Justice John F. McCartney ordered that Pither’s Point Park continue to be in the possession of the town, and that the town maintain it (as in the past) as a public park until final determination of the court case or further order of the court.
On June 15, Canada, Ontario, and Couchiching, Naicatchewenin, Nicickousemenecaning, and Stanjikoming FN then applied to the court for permission to appeal Justice McCartney’s ruling.
Justice Shaw released his decision on that leave to appeal application yesterday.