As Simmonds family heads to court, Danny Murphy breaks his silence

With controversy lingering over the $250,000 he's offered for naming rights to the building that will replace the Simmons Sports Centre in Charlottetown, Danny Murphy is breaking his silence.

The prominent businessman spoke to CBC News from Toronto on Tuesday, the day after city councillors deferred a decision on moving ahead with the D.P. Murphy Wellness Centre naming deal.

They will next discuss it on April 25.

Murphy said his offer of $50,000 a year to be paid for five years for 15 years of naming rights was meant with one thing in mind: the children who will use the facility.

"We're going to focus on mental health and children regardless of what takes place," he said onTuesday. "That was always our intention just the mental health of the students and providing them with programs in a facility that is up to date, so that all the kids get a chance to maybe feel good about themselves."

As for the rest, he said, "I'll leave that up to the city to decide."

Politics and legalities

The decision is indeed out of his hands now in more ways than one.

In another development this week, Jack Simmonds and Kali Simmonds filed notice at the Prince Edward Island Court of Appeal that they wanta judicial review of the city's March 10 decision to grant "naming and other rights" for the new fitness facility.

The two petitioners are from a branch of the Simmons family that uses a D in the name.

They say the family was not told the new arena would not retain the Simmons name until it came to a vote and passed that day in March even though the city had been in discussions with Murphy for months.

Jack Simmonds says he is the oldest living relative of Frank and Ethel Simmons, who donated 44 acres of land for the Simmons Sports Centre to the City of Charlottetown in the early 1970s. He and Kali Simmonds said they understood the name "would remain in perpetuity."

Among other things, the court documents say that by agreeing to the renaming deal, the city:

• "Breached the rules of natural justice and duty of fairness."
• Failed to follow its own bylaw procedures "respecting due process, conflict of interest, code of conduct and common law requirements."
• Acted in a way that would "cause disruption to the applicant's business and corresponding economic harm and diminution of the value of the applicant's properties."

Philanthropy vs. philanthropy

Murphy is one of the Island's best-known entrepreneurs. As well as operating the Tim Hortons, Wendy's and Boston Pizza franchises in the province, his company D.P. Murphy Incorporated owns several hotels and the Leon's Furniture operation in Charlottetown.

Five years ago, Murphy funded a new $250,000 fitness room at Colonel Gray High School.

The family also donated money to put their father's name on the student centre at UPEI.

Murphy grew up in the area around Simmons Sports Centre, and says he and his wife are committed to supporting Island youth.

Jack Simmonds points out that Colonel Gray High School now sits on land donated decades ago by members of his family. So does a local church.

As of this week, more than 2,000 people have signed a petition to keep the Simmons name on the new sports centre.

"I can't say they were the original philanthropists but they sure were philanthropists," Simmonds says of his forebears. "This was their land. I'm not sure what value you'd put on it today, but I've heard in the area of $10 million.

"That doesn't compare to what Mr. Murphy is offering."