The District of North Saanich will learn the fate of the highly contentious closure of Wain Park pickleball courts after a judicial review on Feb. 10, 2025.  

Following a motion made by Mayor Peter Jones at a late April council meeting, the four-court outdoor complex built in 2017 closed on May 7. 

According to Jones, the motion to permanently close the courts was largely due to noise complaints from neighbours who live within 200 feet of the courts on Birch Road. A week after the courts closed, a group of peninsula pickleballers went to Oak Bay to measure the sound in and around the Carnarvon Park courts, which shares similarity with the Wain Park courts.

They were hoping to persuade the North Saanich council that noise mitigation is possible and that the courts should be reopened.  The Saanich Peninsula Pickleball Association (SPPA) prepared a report on the sound testing at Carnarvon, and had local pickleball advocate Frank Gee present the findings at a council meeting on July 8. This was not enough to convince the council.

Locked out of their pickleball courts with no other options, an "ad-hoc" legal committee of local pickleball players hired a law firm to file a legal case on July 26 to challenge the decision. The judicial review was originally scheduled on Dec. 2 and 3 but has been moved to early February next year. 

Gee, who is also a member of the ad hoc committee says the court reassessment looks at two levels. 

First, it examines the district's process and whether it adhered to standards of good governance, transparency and community involvement in its decision to close the courts. 

The second level, Gee added, examines whether the democratic process was carried out correctly. B次元官网网址淲e're hoping that with the judicial review, some of the more specific details will come out,B次元官网网址� he said.  

In an interview with Black Press Media, the mayor said the situation on Wain Road was untenable. 

"When the courts were being constructed," Jones disclosed, "the district did not approach and consult any of the residents." The SPPA, a North Saanich staff member, and two councilors were the only parties consulted.

Since April 29, the pickleball community has strived to reverse the closure decision but has been "unsuccessful." 

A page was launched to fund the related legal costs. So far, they have raised half of their $15,000 goal since starting the fundraising page. 

The district has responded with a multi-page document summarizing and supporting its position with history and documentation of the events surrounding the pickleball courts, including complaints regarding the pickleball noise in the previous council.

In B.C., judicial reviews are typically sought in the Federal Court or the . Unreasonable decisions, procedural inequity and legal errors are among the grounds for review.  

The court has the authority to overturn a decision or return it for further consideration if it is determined to be flawed. Judicial review protects citizens from illegal government actions and guarantees accountability. 

Gee added he is confident the judicial review will rule in their favour.  

According to SPPA president Brad Watson, the issue could have been resolved or at the very least thoroughly discussed to include sensible mitigation measures if Mayor Jones and his fellow council members had met with all parties involved, including the neighbors, pickleball players and residents of North Saanich.

Regardless of the outcome of the court ruling, the mayor believes the current outdoor pickleball courts should be repurposed for a different use.

B次元官网网址淚B次元官网网址檓 one of seven in the council and in my opinion, pickleball in North Saanich should be indoors, not outdoors because of the noise problem.B次元官网网址�