Markham residents, city face off over backyard hockey rink

Yorkregion.com
Dec. 15, 2021

A backyard hockey rink in Unionville's heritage district is at the centre of a faceoff between neighbours and the city.

Last year, during the height of COVID-19 lockdowns, Martin Ross built a backyard rink with a few slabs of wood and a garden hose for his 13-year-old daughter and 11-year-old son.

The first of many visits from police and city officials occurred after neighbours complained 10 kids were on the rink despite outside gatherings being limited to five people under the province’s colour-coded system.

“That was pretty much the first incident,” said Ross, adding it was on the Friday before restrictions were set to ease on the Monday.

An $880 fine later, Ross took out his life savings to put in a proper rink with chillers and boards at the back end of his 70-by-300-foot property on Unionville’s Main Street.

“Who knows how long we may end up locked in our houses with COVID,” he said. “If governments are going to lock us in, then I am going to max out my backyard.”

But that didn’t sit well with about 10 of Ross’ neighbours, who complained about the noise and insisted he had plans of running his Toronto Professional Hockey School in the backyard of his residential heritage home, chopping down trees and putting in a sports pad without permits along the way.

Ross acknowledged he’s “guilty as charged” for removing 11 trees “illegally” but defended his actions, saying the trees were a combination of dead, dangerous and damaged. He was also fined.

He denied he has plans for running the rink as a commercial business, but added that any bylaws that existed pre-COVID-19 are out of date because the whole world works from home now.

Ross said he has had over 30 visits from city officials -- including bylaw officers and building inspectors, as well as police officers and firefighters -- ever since he started excavating to lay the cement sports pad back around April, but no stop work order.

“Any time I do anything back here, they're on me. It’s gotten out of hand and has been very stressful on me and my family. It’s just been non-stop how they have paraded around in my backyard, thinking they can do what they want.”

In September, council voted to deny his application for heritage permits to retain the outdoor concrete hockey/multi-purpose sports pad and to construct an accessory building.

The Heritage Act and a Heritage Act easement agreement with the city registered on title to the property are just some of the bylaws and legislative requirements Ross is being asked to comply with, said ward councillor Reid McAlpine.

Ross said he understands what comes with having a heritage home, but that doesn't mean the city has full control of his property, especially the backyard, which isn't in the public realm.

"That ship sailed back in the ’80s when they put subdivision homes around my backyard and allowed the previous owner to put in a pool.”

The issue culminated in a standoff poised for court in November, with Ross receiving an order from the city to remove the sports pad or the city would come in and do it at a cost of $70,000.

“Where there is noncompliance with city bylaws or legislation or a breach of contract, the city is within its rights to pursue the remedies available to it,” said McAlpine, adding he was unable to comment further as the matter is the subject of litigation.

Ross said he had no intention of complying with the order.

"I'm not going to roll over and play dead, but there is a part of me that is scared they may just show up with bulldozers at my house to come start ripping this out. And I just don't get it. I'm not building a three-storey condo back there. I'm building a hockey rink for kids. What's more heritage than that?”