Ontario Superior Court has granted a Niagara-on-the-Lake resident’s request to delay demolition of the Royal George Theatre.

It is a partial victory for Nicholas Colaneri, president of Centurion Building Corp.

On Feb. 6, he had also asked the court stay demolition of buildings at both 178 and 188 Victoria St., which have since been completely demolished.

Colaneri said he had sent legal notices to both the town and Shaw Festival.

“Normally, especially with an endorsement from a judge, the site would pause until the courts weigh in,” said Colaneri.

He said the stay on the demolition had to be “readjusted” to protect the theatre and box office.

His application to the court alleges the town acted “unlawfully and unreasonably” in both approving official plan and zoning bylaw amendments related to Shaw’s plan to construct a new theatre, and awarding a demolition permit for the theatre building.

Tim Jennings, chief executive officer of Shaw Festival, in a statement said lawyers for both the theatre company and municipality disagree with Colaneri’s position that there are questionable issues with how the town dealt with the matter and Shaw is proceeding.

He said Colaneri “abandoned” his motion for a stay regarding the Victoria Street properties after recognizing demolition had commenced.

A judicial review ordered in St. Catharines has been scheduled for Feb. 26.

Eric Gillespie, a lawyer representing Centurion Building Corp., in an interview said during the review of the theatre there will also be discussion about the Victoria Street properties.

“Normally, everything stops” once the court has possession of the legal documents, said Gillespie.

He said Colaneri’s stay application was submitted before the demolition of the Victoria Street buildings began.

Jennings said Shaw Festival and town officials are confident the planning process was followed according to the provincial requirements.

“We do not believe (Colaneri’s legal challenge) will show any process issues on the town’s part. We are certain the Shaw followed or exceeded all of the town’s planning procedures.”

Jennings said the Royal George Theatre project is about a month behind schedule. He said Colaneri has delayed it through two “failed” Ontario Land Tribunal appeals.

“We are hopeful that this judicial review will dismiss any concern of legal or other planning issues with the town process,” Jennings said.

The town, through a spokesperson, did not want to comment on the legal action because it is before the court.

Colaneri alleges Niagara-on-the-Lake and Shaw Festival did not provide alternative options to demolishing the Royal George. A Feb. 9 factum filed by Centurion Building Corp. said “at no point” was town council provided evidence to rehabilitate, conserve or undergo adaptive reuse of the theatre.

It also said a 2023 structural assessment conducted by Shaw Festival does not eliminate the opportunity to conserve or rehabilitate the building.

The town’s heritage committee recommendations for demolition, it said, were forwarded to council without a finalized site plan for the replacement building and prior to an agreement on “conformity issues” impacting the site.

The document said the town treated the development as “multiple components” rather than looking at the entire development parcel as a whole.

Colaneri said in the court document councillors considered non-planning matters to fast-track the project, including higher building costs, delays and possible loss of the development if Shaw Festival did not receive necessary planning approvals.

He said these issues should not be part of any planning consideration.

By Kevin Werner for www.niagarathisweek.com.