HomeCanada Pickleball NewsWill Wain Park's Pickleball Courts Be Reopened? Court Decision Pending

Will Wain Park’s Pickleball Courts Be Reopened? Court Decision Pending

Will Wain Park’s Pickleball Courts Be Reopened: A long-standing fight over pickleball courts in North Saanich, British Columbia, has escalated into a legal battle, with residents pushing their case all the way to the British Columbia Supreme Court. The dispute traces back to 2017 when the District Council of North Saanich approved the construction of four pickleball courts in Wain Park, at an estimated cost of $150,000 to $200,000.

Fast forward to April 29, 2024, when Mayor Peter Jones surprised the community by proposing the permanent closure of the courts due to noise complaints from nearby residents. The motion passed with a 5-1 vote, sparking outrage among local pickleball players.

Backlash Against the Council’s Decision

The decision to close the courts ignited a fierce response from pickleball players. The Peninsula Community Pickleball Club (PCPC) offered suggestions for noise control, including the possibility of more organized play, but these proposals were dismissed outright.

Despite the council’s claims of reviewing noise mitigation measures, the suggestions on the table were outdated and had been in the works for over two years. No meaningful discussion took place about potential solutions, leaving many feeling ignored.

In the wake of the council’s decision, a group of residents, including local players and other constituents, began a legal battle to reverse the closure. They filed a petition for a Judicial Review, which would challenge the district’s decision in court. The group also launched a GoFundMe page to help cover legal costs.

Judicial Review: The Only Path Forward

With all other options exhausted, the residents’ only recourse is a judicial review. Judicial reviews allow Canadian courts to evaluate the legality of government actions and ensure they comply with the law. In this case, the petitioners are challenging the closure of the courts on the grounds of procedural fairness and legal errors.

According to the group’s GoFundMe page, their efforts to change the district’s decision have included a Change.org petition that garnered over 1,800 signatures, public protests, legal consultations, and outreach to other municipalities in British Columbia that have successfully implemented sound mitigation technology. They have also collected scientific data to support their case.

Legal Developments: The Petition and District’s Response

The legal proceedings are moving forward. On July 26, 2024, the petitioners filed a nine-page document outlining their key arguments, seeking an order to overturn the council’s decision and to declare that the closure breached rules of procedural fairness. They argue that the decision was made without prior notice or the opportunity for public participation.

In response, North Saanich filed a seven-page rebuttal on September 6, 2024. The district argues that the petitioners lack the legal standing to challenge the decision and that no duty of fairness was triggered in this case. They also contend that there was no obligation to provide advance notice or allow public input on the motion introduced by Mayor Peter Jones.

Will Wain Park's Pickleball Courts Be Reopened

Controversy Surrounding Mayor Peter Jones

The controversy surrounding Mayor Peter Jones has been a central issue in the dispute. Jones, who was elected in 2022, has faced criticism for making unilateral decisions and disregarding the input of fellow council members.

His decision to close the courts seemed to be influenced by a personal interaction with pickleball players the night before the council meeting. Jones himself admitted in a May 3, 2024, interview that the decision was prompted after he observed players refusing to leave the courts late at night.

Several other incidents during Jones’s tenure have raised questions about his leadership, including accusations of undermining fellow council members and leaking confidential information to the media.

With a history of controversial decisions, Jones’s actions regarding the pickleball courts have only added to his growing reputation for divisive leadership.

Looking Ahead: The Future of Wain Park Courts

The judicial review is set to take place on December 2nd and 3rd, 2024, and will determine whether the Wain Park pickleball courts will be permanently closed or reopened.

For the petitioners, this legal battle represents the final chance to preserve a cherished community space and hold the District of North Saanich accountable for what they believe was an unjust decision.

News in Brief: Will Wain Park’s Pickleball Courts Be Reopened

Residents of North Saanich, British Columbia, are taking their case for the reopening of Wain Park’s pickleball courts to the British Columbia Supreme Court. The dispute began in 2017 when the district council approved the courts, but on April 29, 2024, Mayor Peter Jones moved to close them due to noise complaints.

Local players and supporters have filed for a judicial review, arguing the closure was unfair and legally flawed. A decision on the fate of the courts will come after hearings on December 2nd and 3rd.

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