12 hours ago
Scales of Justice: Lawsuits between Reptilia and Westmount Shopping Centre concern animal welfare group
The embattled reptile zoo in Westmount Mall has landed in court over a rent dispute with its landlord. CTV London's Daryl Newcombe explains.
The claws are out in a legal dispute over Reptilia's 20-year lease at Westmount Shopping Centre and allegations that the reptile zoo owes the mall unpaid rent.
In February, a Statement of Claim was filed by 785 Wonderland Road Inc. (Westmount Shopping Centre) against Reptilia that alleges, 'The tenant failed to pay the full rent to the landlord for the months of October, November and December 2024, as well as January and February 2025.'
The mall is seeking rent arrears of $153,348 plus interest, and a $100,000 payment based on a Minutes of Settlement reached in August 2024.
On June 20, Reptilia responded in a Statement of Defence that denies the allegations.
The indoor reptile zoo also launched a Counterclaim against the mall for more than a million dollars.
Reptilia's filing refers to its lengthy legal dispute with the City of London about whether the provincially licensed reptile zoo must comply with London's Animal Control By-Law that forbids displaying exotic species.
Specifically, Reptilia refers to a clause in its lease agreement, 'In the event that the City of London or any other authority having jurisdiction requires any amendments to the zoning by-laws or regulations to permit the Tenant's use set out in this Section 9.01 (a) of this Lease, the Landlord shall be responsible, at its sole cost and expense'
Reptilia's Counterclaim against Westmount Shopping Centre alleges it has suffered 'significant operational losses' directly resulting from the property not being zoned for its use.
The reptile zoo is seeking $1 million for negligent misrepresentation and $275,000 for breach of contract.
'The decision from the City of London and the application commenced by the City of London garnered significant media attention, which negatively impacted Reptilia London's operations including the number of visitors to its facilities,' the Counterclaim states. 'Additionally, as the result of the decision by the City of London, many educational facilities, including School Boards, refused to work with Reptilia London based on concerns of Reptilia London's operations being in contravention of the Animal Control By-Law. Reptilia's educational programs usually make up a significant portion of its revenues.'
Zoocheck Canada says the legal documents are another cause for concern among animal welfare advocates.
'Our biggest concern is the animals that are located at that facility,' said Julie Woodyer of Zoocheck Canada. 'Obviously that's a great concern to us whenever we start hearing that there's these ongoing battles in court and assertions that the finances just aren't there.'
Reptilia continues to operate its zoo inside the mall.
John Winston, who has been engaged with Reptilia since the business arrived in London tells CTV News in a statement, 'This is a landlord/tenant dispute. Rest assured that care of the animals is not, and would never be, compromised.'
Winston emphasizes, 'Ontario Animal Welfare Services has inspected the facility three times since opening and determined it was operating to provincial standards.'
Zoocheck Canada obtained emails between the Thames Valley District School Board and representatives of Reptilia through a Freedom of Information Request.
The correspondence focusses on the school board's resistance to bringing students to Reptilia based on concerns about accreditation and the dispute with city hall regarding the Animal Control By-Law.
'The school boards, rightly so, do not consider it a proper way to educate children,' added Woodyer.
CTV News has yet to receive a response from the operator of Westmount Shopping Centre about the court documents filed by Reptilia.
Allegations made in the Statement of Claim, Statement of Defence, and Counterclaim have not been tested in court.
