Amherstburg says legal action possible against Boblo Island developer over ferry service

The Town of Amherstburg says it has put the developer of Bois Blanc Island, commonly known as Boblo Island, on notice that it needs to provide reliable ferry service or risk legal action from the municipality.

The town sought out legal council to find out if it could compel Amico Affiliates to improve the service, said Mayor Michael Prue, who is also a resident of the island.

This after a pair of incidents in which the ferry was out of service for multiple days — raising concerns about access for emergency crews and the needs of residents to go to work or school or access propane for their heating systems. 

"Pursuant to several development agreements between the town, the developer and Boblo Island residents, the developer is responsible for providing ferry services to the Island," the town said in a public statement.

"The ferry services are required to meet the specific standards set out in its agreements with the Boblo Island residents and property owners."

The island, situated about five minutes by ferry from the mainland, was once the home of a popular amusement park and is now the site of luxury homes and condominiums. 

Back-up ferry out of service

Residents there went without ferry service for four days in January, after the vessel suffered damage from heavy ice flows in the Detroit River, its owner said in an email to CBC at the time.

The developer operates a second, smaller ferry that typically serves as a back-up if the larger vessel is out of service. However, the smaller ferry has been out of service since October of 2023, according to the town's statement.

Amico's vice president of development said she could not confirm the time frame but acknowledged that the boat had been out for repairs for an extended period. 

The company is also in the process of readying a third ferry for service, Cindy Prince said.

Though she said she thought the ferry would have been ready for service a year ago, she's hopeful it will be ready soon.

Meanwhile, the company operates a tug and barge that can bring first responders across the river in an emergency, she said.

The Town of Amherstburg has been asking its lawyers to review the documents put into place when Amico acquired the island to see if they could find grounds to require a back-up vehicle ferry at all times, said Prue. 

City has leverage, mayor says

"There are a number of things that have been discovered since then that indicate that we do have some leverage," Prue said.

"And that leverage relates to the responsibility of the developer to make sure that emergency vehicles can get on the island at all times."

The public statement identifies two legal commitments it says the town had secured from the developer:

1. The ferry service must at all times meet the requirements of the Ministry of Transportation and the safety standards of Transport Canada, including the relevant certification requirements.

2. The ferry service must be provided at no cost and whenever required by the town for administrative, maintenance, emergency, police and fire personnel purposes.

Prince told CBC that Amico's lawyer is reviewing the letter, and the company will make adjustments if necessary. 

"We absolutely have no interest in being at odds with the council for the Town of Amherstburg," she said.

"They brought this concern to our attention last night."

Ferry operator responds

The ferry has never operated in contravention of Transport Canada regulations, she added.

The subdivision agreement for the island requires Amico to provide a ferry service "on Amico's terms and conditions," Prince said.

"We listen to the residents in terms of 'How much money do you want to spend every year? What level of service is an adequate level of service?' she said.

"But there are always some people who want a greater level of service than what the majority says that they're willing to pay for."

It consults with the homeowners association for the island to determine what that balance should be.

When asked directly what kind of feedback the company received from the homeowner's association, Prince said it was similar to what other residents have said they want. 

"They would like the new ferry up and operating as soon as possible, and so would we," she said. 

"So we're very aligned in what we want. The path to get there has proven much more challenging than we ever imagined."