City launches legal action against Reptilia, but indoor zoo remains open

Less than two months after opening its doors to the public, Reptilia is being taken to court by city hall.

An application filed in Superior Court by the city will move the issue in front of a judge for a decision.

The city asks a judge for:

• (a) A Declaration that the Respondents are not exempted from compliance with Animal Control By-Law PH-3;
• (b) An Order restraining the Respondents from contravening Animal Control By-Law PH-3 by keeping prohibited animals;
• (c) Costs of this Application, if opposed;
• (c) Such further and other relief as this Honourable Court may deem just;

“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. Each time the Respondents have approached council, council has denied their request,” reads the court filing.

The lawyer representing Reptilia, Michal Lerner of Lerners LLP, maintains the position that provincial licensing rules exempt the facility from the municipal by-law and will oppose the application.

“We are licensed by the Province of Ontario. That entitles us to one of the exemptions set out in the by-law,” Lerner told CTV News.

In its application to the court the city laid out its argument, “The 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.”

On June 6, animal rights advocates demonstrated outside city hall calling for enforcement of the municipal by-law because Reptilia exhibits exotic species including crocodiles, snakes and lizards.

Lerner says the indoor reptile zoo at Westmount Commons Mall will continue to operate normally while the application is making its way through the courts.

Reptilia has already had almost 12,000 visitors through its facility since opening in April.

“We believe that the community has already expressed its support of Reptilia,” said Lerner.

He expects the first appearance in front of a judge on will set a date in the coming months for each side to make their legal arguments.

“We’re more than willing to sit down with the city and avoid the entire court process to work out some sort of agreement that’s acceptable to both sides,” concluded Lerner.

The City of London declined to comment on its application to the court.