City officials demand Markham, ON dad tear down ice rink for his kids—it's hockey vs heritage: Who's in the right?

The city puts the backyard plans on ice

When Ross bought the house, it came with a heritage easement agreement, which grants the City of Markham a legal interest in any changes to the property. That means he needed a heritage permit to build the rink.

Ross admits that he started construction before securing the required approvals and permits. While he reviewed the permits before building, he felt he was exempt because the permit relates to “structures visible to the public realm, which this is not.” He argues that the rink is 200 feet away from the home and therefore shouldn't be considered heritage.

But then his neighbours complained. Ross has long worked as the head of his own hockey-training facility, and some neighbours accused him of operating it out of his backyard rink during the lockdowns — a claim he refutes, saying he just let neighbourhood kids and friends use the rink.

Based on the complaints, the city visited his home several times to investigate. He was fined for cutting down trees and, because the rink changed his land’s topography, was told he needed a heritage permit. .

Ross applied for one, and the heritage committee approved it, on condition that he secure a building permit. But city council denied the permit. Despite this, Ross continued to the project — so the city took him to court and won. An appeal made by Ross under the Charter of Rights and Freedoms was dismissed.

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A fair call with a steep penalty

Since Ross failed to get the proper permit, a judge has granted the city the right to remove the rink at Ross’ expense. The city has said it will start the work the week of Oct. 28. Ross has reapplied for a permit and is hoping he can, at least temporarily, stop this action.

This process has been costly for Ross. First, he used his savings to build the rink. Then, he had to pay fines for removing the trees on his property. For his second court appearance, he had to pay a lawyer. And now he’s paying permit fees — again. If the city is successful in removing the rink, he’ll also be on the hook for the cost of removal, which could be steep.

So who’s committing the penalty here? Ross’s situation could have been avoided altogether if he had gotten the proper permits and permissions before beginning construction. The City of Markham's building permit page doesn’t mention ice rinks, but it clearly states that it doesn’t list all situations for which a permit would be required and, if in doubt, homeowners should contact them.

If you do find yourself in a dispute with a municipal council, you may be able to appeal to a higher provincial body. For example, in Ontario, depending on the type of dispute, you could appeal to the Ontario Land Tribunal. Any legal proceedings will have risks and benefits, and representation gets expensive, quickly.

It’s a lot easier — and cheaper — to avoid this type of situation in the first place. If you want to build on your property, contact your local municipality and clarify what paperwork is necessary. Then, wait until your project is approved before proceeding. This could save you headaches down the road, not to mention a lot of savings that could be better spent on hockey tickets or new skates.

Sources

1. CityNews: Markham property owner built a backyard ice rink. The City says it has to go, by Pat Taney (Oct 7, 2024)

2. History: Who Invented Hockey?, by John Banks (Apr 22, 2022)

3. The Official Site of the City of Markham: Building Permit Process

4. Ontario Land Tribunal: