Property owner Menkes has successfully defended charges related to bird fatalities at its building towers near Highway 401 and McCowan Road in Scarborough, Ontario. The mirrored glass towers, known as Consilium Place, allegedly killed or crippled more than 800 birds between 2008 and 2009. Birds can fly into mirrored glass, mistaking it for open sky.
Menkes never denied that birds were being killed by the buildings, and attempted to rectify the problem after hearings commenced in 2011. Last week, Justice of the Peace William Turtle dismissed the charges against Menkes under the Environmental Protection Act (the “EPA”) and the Ontario Society for the Prevention of Cruelty to Animals Act, finding Menkes never made an active effort to harm birds and that in this case reflected light cannot be considered a “contaminant” causing harm to animals under the EPA. An appeal is currently being considered according to the Ecojustice website.