Markham man agrees to remove backyard hockey rink after years-long faceoff with city, neighbours

A Markham hockey buff who built a massive backyard ice rink without permissions or permits has reluctantly agreed to remove the sprawling surface, following a years-long dispute with the city and his neighbours.

Martin Ross installed the boards-enclosed ice pad during the pandemic in the back half of his Unionville property – an amenity, he admits, that is “not your typical, two-by-four boards with a tarp thrown down” home rink.

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"I care about kids," said Ross, who runs a hockey school in the GTA. "I care about kids getting out there and getting better at hockey. That's my main thing, and especially, my two kids. "

Ross, though, drew the ire of a group of neighbours with adjacent yards when he cut down numerous mature trees to erect the structure – sparking a string of court challenges over whether he had a right to the rink on a heritage-designated property.

"This gentleman has completely destroyed what was a gorgeous backyard full of greenery that supported privacy and quiet for the surrounding neighbors, " Ross' former neighbour, Grant Aitken, told CTV Toronto.

"Without permits, he went ahead and tore down massive hundred-year-old trees, and has turned it into a parking lot. "

An aerial view of the backyard ice rink Martin Ross constructed during the pandemic. (CTV News Toronto)

Ross admits he made a mistake in cutting down the trees, but has twice challenged a 2022 Superior Court decision that ruled the city can step in to remove the rink under the heritage easement agreement.

Ross' recent attempt at a court injunction was dismissed, and this week he reluctantly agreed to remove the rink himself – otherwise the city would do it for him, at his expense.

"A formal remediation agreement, with conditions, was negotiated in good faith by City staff and executed by the parties the evening of Nov. 18," a City of Markham spokesperson told CTV Toronto in a statement.

Under the agreement, Ross must restore the property to "pre-2021 conditions," which includes removing the rink, concrete pad and equipment, as well as regrading and sodding the yard.

The restoration is set to start this week, according to the deal, and the City of Markham reserves the right to enter the property and conduct the work itself if Ross does not comply.

"They are indeed the 600-pound gorilla to fight," Ross said.

"It's been stressful on me, it's been stressful on my kids, it's taking its toll on me, and them."

Some of Ross' neighbours, though, were relieved at the resolution of the rink rift.

"Mr. Ross has felt all the way along that he's above the law, that bylaws don't apply to him, that he doesn't have to, essentially, behave in a way that any civilized neighbor would behave," Aitken said.

Ross, meanwhile, says what began as a passion project has amounted to a costly "nightmare" in a battle that has pitted heritage against hockey.

"I mean, would we have Wayne Gretzky today if Walter Gretzky didn't build the backyard rink that he built for Wayne back in the day?"

Under the agreement with the city, Ross must begin removing the rink starting Thursday, with regrading and sodding work to be done in the spring.