The applicant association applied under s. 273 of the Municipal Act, 2001 to quash the Township of Wainfleet's Short-Term Rental By-law.
The applicant argued the by-law was illegal, enacted in bad faith, and conflicted with the Municipal Act and Planning Act.
The court found the by-law was enacted after extensive public consultation, did not prohibit short-term rentals, and did not conflict with provincial legislation.
The administrative penalties were deemed coercive rather than punitive, and the by-law was found not to be discriminatory.
The application was dismissed with costs awarded to the Township on a partial indemnity basis.