London might resolve legal dispute with indoor zoo Reptilia but critics warn against opening loophole for more zoos

Next week, city council’s closed-door meeting with the city solicitor might include a discussion about ending court proceedings against indoor reptile zoo Reptilia.

Last year, city council denied a request by Reptilia for an exemption to the Animal Control By-law that forbids the display of exotic species.

Reptilia opened its doors anyways.

Last April, a mix of domestic and exotic reptiles were moved into its location in Westmount Commons Mall.

City hall subsequently filed an application in Superior Court asking a judge for:

• A declaration that the respondents are not exempted from compliance with Animal Control By-Law PH-3
• An order restraining the respondents from contravening Animal Control By-Law PH-3 by keeping prohibited animals
• Costs of this application, if opposed
• Such further and other relief as this honourable court may deem just

Earlier this month, however, a five-hour hearing lasted just five minutes.

A lawyer representing the city said there has been an offer to settle and additional information will be provided to city council on April 2.

No details were provided about which side initiated settlement talks or the terms that were discussed.

“It would send a very, very bad message,” asserted local animal advocate Dianne Fortney.

Fortney believes it’s essential that the city follow through with an application to Superior Court asking a judge to decide if Reptilia can display exotic species.

“It was decided it would go to court, the judge would make a decision, and people could act from there,” she explained.

Reptilia’s representatives have argued that holding a provincial licence permits the zoo to operate.

The zoo received a business license and occupancy permit from the city.

“This will be a festering sore in London for years to come,” warned Rob Laidlaw of Zoocheck Canada.

Laidlaw believes if the city agrees to let Reptilia continue operating, it would open a loophole for other zoos, “I can see a number of those [zoos] saying, ‘London is a good market, we want a base in southwestern Ontario, we want to go in just like Reptilia did.’”

The matter involving Reptilia does not appear on the public agenda of next week's council meeting, but there is a confidential in-camera item requesting council direction to the city solicitor about an unspecified legal matter.

Zoocheck is concerned that ending the legal action prematurely and permitting Reptilia to operate could put the city in legal jeopardy.

Other zoos that were previously denied permission to open in London because of the Animal Control By-law might sue the city.

“To drop it [now] would send a terrible message,” Laidlaw added. “[It would] be a terrible precedent. It would invite a broad range of potential litigants.”

Council meets on April 2.

If necessary, the application filed in Superior Court is scheduled to be back in front of a judge April 12 to set a future date.