Wainfleet, Ontario--(Newsfile Corp. - August 16, 2024) - In a shocking display of government overreach, the Township of Wainfleet has unleashed a by-law targeting short-term rental (STR) property owners, leading to widespread fear and anger among the community. The Wainfleet Association of Responsible Short-Term Rentals (STRs), a newly formed non-profit organization, has filed a lawsuit to quash the Township's STR by-law (BLO26-2019), which they argue is both unlawful and maliciously punitive.

Mayor Brian Grant & Councillors Joan Anderson, Terry Gilmore, John MacLellan, and Sherri Van Vliet

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Scott William Wilson, a local resident, and spokesperson for the Association, has shared his harrowing experience with the by-law. "My wife and I have worked diligently throughout our lives to purchase our lakehouse in Wainfleet, a place we dreamed of retiring in. Now, the city is attempting to seize it. This situation is almost beyond belief. People often respond with disbelief, saying, 'This can't happen in Canada; this sounds like something out of a third-world country.' But it is happening-right here in Wainfleet, Ontario."

On August 15, 2024, the Township of Wainfleet escalated its actions by serving Scott and Joanne Wilson with a notice at their home, stating that the STR fines had been migrated to their property tax bill. The Township informed the Wilsons that this was the first step toward seizing their home. "They are doing it," Wilson emphasized. "The city has started the process, and they intend to take our home."

The by-law, passed by Mayor Brian Grant and Councillors Joan Anderson, Terry Gilmore, John MacLellan, and Sherri Van Vliet, imposes staggering fines on homeowners for renting their properties short-term. Wilson explained, "The initial fine is $10,000 per owner, per dwelling, per day. For each subsequent infraction, the fine increases by $5,000. My wife and I own two homes on our lakefront property, so the fines could reach $120,000 per day. The city has even started migrating these fines to our property tax bill, threatening to seize our home."

The Association's lawsuit argues that the by-law violates multiple provincial laws. One of the most troubling aspects is the use of the Administrative Monetary Penalties (AMP) system, which the Association contends is ripe for exploitation. "The AMP system allows the Township to bypass the courts and impose fines without due process," Wilson explained. "Even worse, they are double fining property owners-each person on the title is fined separately for a single alleged infraction. This is not only unfair, but it's also illegal."

Scott William Wilson, Spokesperson for the Wainfleet Association of Responsible STR's

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Wilson isn't alone in his fight. Hundreds of families across Wainfleet have been devastated by the Township's actions. Laurel, a local resident and member of the Association, shared her story: "In the last couple of years, my husband and I have been living mainly on our small pensions, so we rented our cottage for two weeks to help pay the taxes. This spring, I found out rentals were outlawed by the Township, so I closed my Airbnb ad. I wasn't really aware of the new by-law - we didn't have a rental, so it didn't really apply to us. But I was shocked when I received a $10,000 fine for simply having an Airbnb listing, even though no bookings were allowed. The Township is harassing property owners, mostly young families, just trying to make ends meet."

The atmosphere in Wainfleet has become one of fear and intimidation. Residents report that by-law officers are visiting properties, taking pictures of homes and cars, and questioning neighbours. "It's truly a reign of terror," Laurel continued. "The Township's behavior is mean-spirited and bullying. In one council meeting, fines were raised tenfold, from $500 to $5,000 and from $2,000 to $20,000, purely to be punitive and severe."

The Wainfleet Association of Responsible STRs is calling on the public to support their fight against this unjust by-law. "This isn't just about us; it's about protecting the rights of every property owner in Wainfleet," said Wilson. "We believe this lawsuit could seek over ten million dollars in damages. But more than that, we aim to restore Wainfleet as a free and lawful Canadian town-one where residents don't have to live in fear of their own local government."

In a video posted online, Laurel further exposes the harsh realities of living under this by-law. Her testimony can be viewed at this link, (https://www.youtube.com/watch?v=4mIxN2iZGoQ) offering a glimpse into the struggles faced by many in the community.

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The Association has launched a GoFundMe campaign to support the existing lawsuit and raise awareness about the issue. They are also encouraging anyone who has been financially harmed by the by-law, including landscapers, cleaners, contractors, and restaurant owners, to join our list to join a potential class action lawsuit. "We need to fight back against this unlawful by-law and protect our freedoms," Wilson urged. "Visit our website, WainfleetWars.ca, to learn more, donate, and join our cause."

About The Wainfleet Association of Responsible Short-Term Rentals (STRs):
The Wainfleet Association of Responsible STRs is a non-profit organization dedicated to defending the rights of property owners in Wainfleet, Ontario. The Association is committed to challenging unlawful government actions and restoring the rights and freedoms of the community.

SOURCE: The Wainfleet Association of Responsible Short-Term Rentals (STRs)

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