Court proceedings prompted by alleged findings of dead and injured birds at the Yonge Corporate Centre will carry on into September.
Building owner Cadillac Fairview was taken to court earlier this year by charity Ecojustice for allegedly violating environmental and wildlife laws.
The company must prove it took sufficient measures to prevent birds from flying into its office building’s mirrored windows.
The company recently installed a dotted appliquéd film on the glass of the north face of its building at 4120 Yonge St. It makes glass more visible, to help prevent bird-window strikes by up to 80 per cent, said Jamie Okorofsky, a spokesperson for Cadillac Fairview. She said the company will evaluate the product’s effectiveness for at least two migratory seasons, which take place mid to late September.
Okorofsky said bird-strike cases are not limited to the company.
“The issue of bird collisions really has a broad geographic scope and a wide variety of causes, so this issue is certainly not limited to commercial office towers,” she said. “Residential buildings present similar issues.”
A lawyer for the charity presenting evidence against Cadillac Fairview, Albert Koehl of Ecojustice, said that, in this case, the court is evaluating the owner’s preventative measures to the end of 2010.
“The defence has onus of proving due diligence, so they have to prove they took all reasonable measures to avoid any illegal conduct,” he said.
Koehl said a group working to educate Canadians about how urban environments affect birds, Fatal Light Awareness Program (FLAP), claimed it found 800 dead or injured birds at the site. Of these birds, 10 are listed under the Ontario Species at Risk Act — nine Canadian warblers and one olive-sided flycatcher. FLAP brought this information to Ecojustice, which prompted the private prosecution.
Michael Mesure, founder of FLAP, called the case “precedent setting” and said it has building owners across Canada stepping up safeguards.
“It’s unfortunate it has taken going to court to get the corporate world to wake up to this issue,” said Mesure. “We’re starting to see cities hop on board, eager to address this issue.”
Open court will continue at Old City Hall, A Court, Sept. 11, when cross-examination of the property owner will begin.
A closing argument is expected Sept. 24.