Nation

Markham Homeowner Battles City Over Backyard Ice Rink: Will His Dream Melt Away?

2024-10-07

Author: Sophie

A Pandemic Response

In a story echoing the struggles of many during the pandemic, a Markham father, Martin Ross, constructed a remarkable backyard ice rink nearly four years ago to keep his hockey-playing children active amid COVID-19 restrictions. His backyard, located in the historic area of Unionville, transformed into a hub of icy fun, yet it has ignited a contentious battle with city officials and irritated neighbors.

Making the Rink

"It was a response to the lockdowns. Both of my kids were missing their hockey practice, and I wanted to provide them a way to train and have fun," Ross explained. While many in the Greater Toronto Area turned to DIY methods, often using just wood and tarps, Ross went all out—installing a sophisticated chiller system, building proper boards, and investing significant time and money into the project.

Neighborhood Complaints

However, Ross soon found himself on the receiving end of complaints from neighbors, some accusing him of running a hockey training facility on his property, which he staunchly denies. "Sure, some neighborhood kids came over to play, but I didn’t use this as an alternative training center," he said.

City’s Intervention

The situation escalated when city officials got involved, citing issues regarding Ross’s lack of a building permit and violation of local heritage preservation laws, given the property’s historic designation. "I assumed I met the criteria because the rink isn't visible to the public," Ross declared, standing firm against the city’s claims.

Permit Issues

To build the rink, Ross removed trees and laid down a concrete base without initially seeking the required permits. Despite his arguments that his project should adhere to the standards set by the heritage committee, city council rejected his application outright, underscoring the legal distinctions involved in altering the property.

Legal Proceedings

As the tale unfolded, Markham city staff insisted that Ross’s actions required prior approval. "You can’t make changes to the land without consent, especially in a designated heritage area," said City spokesperson Pody Liu. The city started legal proceedings against Ross after he allegedly disregarded multiple requests to stop construction.

Court Rulings

The legal drama intensified, leading to court rulings that favored the city. In December 2022, the Ontario Superior Court confirmed that Ross had violated several regulations laid out in a heritage easement agreement concerning his property. The ultimate decision granted the city the authority to dismantle the rink, which could lead to a hefty reimbursement fee for expenses incurred.

Hope for the Future

As a last-ditch effort, Ross has reapplied for a permit and remains hopeful for a reconsideration from the city. "We’ve paid our fees and are ready to follow the process," he stated with determination. "But I still want clarity: where in the bylaws does it say I can’t have an ice rink in my backyard?"

Conclusion

This saga reveals more than just a father’s desire to provide for his kids; it highlights the clash between individual aspirations and municipal regulations, especially in communities steeped in history. With court rulings and city deadlines looming, many are left to wonder: will this backyard dream turn into a legally mandated disaster, or can Ross skate his way back to victory? As the winter season approaches, the clock is ticking.