Ruling on Point appeal delayed


It’s still unknown whether the four First Nations involved in the court case over Pither’s Point Park will be allowed to appeal an earlier ruling that stated the Town of Fort Frances can continue to maintain the park until either ownership is determined through a court case or further order of the court.
The case went before the court Tuesday in Thunder Bay, but the judge overseeing it has reserved judgement until a few weeks from now, Fort Frances CAO Mark McCaig confirmed this morning
An exact date for when the judge will announce his decision has not been announced.
The four First Nations involved in the case—Couchiching, Naicatchewenin, Nigigoonsiminikaaning, and Mitaanjigamiing (Stanjikoming)—went before the court to seek permission to appeal the earlier decision rendered by Superior Court Justice John F. McCartney back on April 27.
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 until the legal questions of its use and ownership are answered.
The 99-year lease for Pither’s Point expired on April 30, 2009.
A couple of weeks prior to then, the bands and the town reached an agreement that the town could continue to maintain the park for another year while both sides worked towards a long-term solution.
Then in February, the bands informed the town they would not extend the agreement again this year—and that the town would have to remove its property from the park by April 30.