Konstantine John Stavrakos

The appellant, Zaafir Ahmed Munir, appealed a decision upholding the Town of Milton’s short-term rental bylaw and related enforcement actions.

The Court of Appeal found that the Town had authority under the Municipal Act to enact the bylaw, that there was no conflict with the Residential Tenancies Act, and that the appellant’s Charter rights were not infringed.

The appeal was dismissed, and costs were awarded to the respondents.

The applicant, a tenant, sought declarations that the Town of Milton's Short-Term Rental (STR) by-law was ultra vires and inapplicable to his property, and that its enforcement infringed his Charter rights (Sections 7 and 15).

He also sought substantial monetary damages for emotional distress and lost income from operating an STR.

The court dismissed the application in its entirety, finding no legal or factual basis for claims against the landlords, no conflict between the STR by-law and the Residential Tenancies Act, and no Charter breaches.

The court confirmed the Town's authority to regulate STRs and that the applicant's Airbnb operation constituted an STR business subject to the by-law and fire safety regulations.

Costs were awarded to the respondents.

This appeal concerned a property zoned agricultural, where the Estate Trustees sought a declaration for legal non-conforming use for commercial purposes, including outdoor storage of vehicles and equipment.

The application judge dismissed the declaration, finding the uses were not lawful under the relevant zoning by-law.

The appellants also sought leave to appeal the application judge's refusal to award them costs for a successful contempt motion.

The Court of Appeal dismissed the appeal regarding the declaration, affirming that the commercial activities were not lawful non-conforming uses.

It also granted leave to appeal the costs issue but dismissed the appeal, upholding the application judge's discretionary decision on costs.