Court case against Republic Live proceeding

By Patrick Bales, The Orillia Packet & Times

A private prosecution launched by an Oro-Medonte Township resident over events last year at Burl’s Creek is moving forward, with just one defendant facing charges.

After reviewing information received by lawyers for Wendy McKay and the companies affiliated with the event grounds on Line 8, Lynne Saunders, Simcoe County Crown attorney, intervened to stay prosecution on the majority of the charges, excluding only those charges laid against Republic Live.

The charges brought forward by McKay pertain to illegal use of land zoned for agricultural/rural use for the WayHome Music and Arts Festival and Boots and Hearts Festival and non-compliance with a township bylaw governing use of land and creating noise and vibration.

The allegations have not been proven in court.

The court was told Monday morning, in the Crown’s opinion, all remaining matters should be stayed, based on discussions and prior resolutions between other parties. David Donnelly, counsel for McKay, later read from the letter Saunders sent to the parties, indicating the Crown’s belief Republic Live was not the subject of prior prosecution and had not been sanctioned for events occurring at Burl’s Creek in 2015.

Nicholas Macos, representing the companies affiliated with Burl’s Creek, said his clients still had concerns with the Crown’s decision in this matter, namely to not stay the charges against all parties. He indicated Republic Live may be seeking further legal advice based on the results of Monday’s hearing.

He also resisted what he saw as an “extraordinary” attempt by McKay’s lawyer to speed up the proceedings.

“What’s the rush?” Macos asked, somewhat rhetorically.

Donnelly, in addressing the justice of the peace, indicated he wished for court to resume April 11, at which time a plea could be entered and trial date set. Counsel said he anticipated a week would be necessary for the trial.

Macos disagreed with the timeframe, which also included a request for a pretrial conference sometime in the next four weeks. The process was already moving fast enough, he said, something the justice of the peace tended to agree with.

The sides will be back in court April 11, but only to speak to the matter.