The City of London is taking legal action against Reptilia, arguing that the indoor zoo is not exempt from the local animal control bylaw.
According to court documents obtained by Global News, an application to the Superior Court has been filed by the city to move the issue in front of a judge for a decision at a later date.
The application asks a judge to declare that Reptilia has not been exempted from London’s animal control bylaw and issue an order that would bar Reptilia from keeping animals prohibited under the bylaw.
“The Respondents applied to city council three times seeking an exemption to the Animal Control By-Law which would allow them to exhibit Class 7 animals,” the court documents state. “Each time the Respondents have approached council, council has denied their request.”
Back in February, city council voted 9-6 against moving forward with the process of granting an exemption for the reptile zoo to house Class 7 animals, which include crocodiles, alligators, venomous snakes and venomous lizards not native to Canada.
Additionally, according to the application filed by the city earlier this month, the municipal animal control by-law “contains an exemption for zoos that are licensed by a municipal or other governmental authority.”
“The only licence available is under the Provincial Fish and Wildlife Conservation Act, which permits certain native species to be kept. The keeping of other animals is not regulated by the Province.”
Michael Lerner, a lawyer representing Reptilia, said that Reptilia, which also has facilities in both Vaughan and Whitby, would open under the legal opinion that since they operate under a provincial licence, they are exempt from municipal bylaws concerning animals.
The recent court application comes less than two months after Reptilia opened its doors in Westmount Commons.
“What Reptilia is doing is legal,” he said. “People can make a choice whether or not they want to attend the facility or not, just like how smoking is legal and people choose as to whether or not they want to smoke.”
“Reptilia is a rather innocuous venture where people’s lives are not in jeopardy and is of educational value,” Lerner added.
He said that following the city’s recent court application, the reptile zoo was not surprised to hear the news.
“We anticipated from the outset that the city eventually would take one of two courses of action; They would either lay a charge under the bylaw that would then wend its way through the Provincial Offences court through a trial, or alternatively, to apply directly to the superior court asking for the declaration that we are not exempt,” he said.
Lerner confirmed to Global News that Reptilia will oppose the city’s application.
“We will file a response with our own material,” he said. “The matter is returnable on July 7 which will really be an initial appearance, at which time I have no doubt that both sides will ask the matter to be adjourned to a special appointment before a judge of the court.”
He said that the appointment would likely be scheduled sometime in the early fall, adding that the application “doesn’t change anything” when it comes to Reptilia’s ability to operate in the Forest City right now.
“As we indicated in our applications to the city, we thought that it would revitalize the Westmount Mall,” he continued. “I was told on Friday that since Reptilia has been open, there have been two new tenants, both of which asked to be located in proximity to Reptilia.”
The City of London did not respond to a request to comment in time of publication.
— with files from Global News’ Marshall Healey.