Government overreach has once again reared its ugly head in the Township of Wainfleet, Ont. (pop. approximately 7,000). And at least one Ontario judge is OK with this.
Here’s the skinny: Wainfleet council has effectively declared war on landowners who make their properties available for short-term rentals. And the township is fining these residents at least $10,000 per owner per dwelling per day!
Translation: as these daily fines mount, few can afford to pay these enormous sums. And that ultimately means “violators” risk having their properties seized by the township.
This seems like banana republic stuff to say the least.
Meanwhile, one dare not say anything negative about this council on social media. That’s because this council is trying to silence citizens via a lawsuit based on… copyright violation? Indeed, the township claims videos online depict the township’s crest and corporate log, emblems that are being used without consent or approval. Seriously.
It would appear that the Township of Wainfleet likes to carry out its shakedowns away from the public eye and will pursue censorship to ensure that goal if need be. All of which has many residents in the township pondering if Wainfleet is situated in the Dominion of Canada – or the Democratic People’s Republic of North Korea.
Rebel News interviewed Scott Wilson and Laural Duquette more than a year ago. They head up the Wainfleet Association of Responsible Short-Term Rentals (STR).
Wilson says he is facing a total fine threshold that now totals $175 million. As such, his family risks having their property confiscated by the township given that they are unable to pay those fines.
The township’s heavy-handed tactics are beyond the pale. Granted, Canadians do not enjoy private property rights under the constitution. But the questions arise: what is driving this short-term rental vendetta? What is the harm in a homeowner renting out his or her property? Those are key questions – and questions that deserve answers – except that nobody at the township will come on the record to comment.
And another query arises: what indeed is the unspoken strategy behind the short-term rental jihad? Is this all about Wainfleet councilors embracing a NIMBY initiative when it comes to short-term rentals in their township?
Recently, Wilson and his fellow renters had their day in court fighting these massive fines. It did not go well. Justice James Ramsay in the Superior Court of Justice in Welland ruled in favour of the township. Here are some excerpts from his decision:
- “There is no evidence of bad faith [by the Township of Wainfleet].”
- “The penalties are coercive, as opposed to punitive. They are not disproportionate.”
- “The by-law is not discriminatory. Requiring the owner to own the property for two years before applying for a licence promotes stability of ownership and makes absenteeism by landlords less desirable. Operators who live in the community have a stake in the liveability [sic] of the neighbourhood.”
Justice Ramsay dismissed the application and awarded the Township of Wainfleet partial legal costs totaling $5,000. Then again, given that Wilson is already on the hook for $175 million, five grand amounts to chump change…
Check out our most recent interview with Wilson. While he and his fellow renters may be down, they are not out given they are appealing the decision.
That appeal is scheduled for next January. This story is far from over. Stay tuned.
Hellbound and Down 