landlords lose court appeal against windsor over rental licensing program
a group of windsor landlords who unsuccessfully took th...
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windsor, ontario. march 5, 2021. for rent sign on the front yard in 700 block of partington ave.
nick brancaccio
/
windsor star
a group of windsor landlords who unsuccessfully took the city to court over a program to license rental units have now lost an appeal.
in a decision earlier this week, justices with ontario’s court of appeal were “not persuaded” the judge who ruled in the city’s favour last march “made any error” and ordered windsor housing providers inc. to pay the city $13,000 for its legal costs.
windsor launched the council-approved rental licensing pilot program in february 2023. the program requires owners of rental properties with four units or fewer in wards 1 and 2 — around st. clair college and the university of windsor — to secure a licence for each rented unit.
the fee is $466 per unit upfront and $275 for subsequent renewals.
licensing also requires landlords to get criminal records checks, provide proof of insurance, complete property standards and safety check, and pass an electrical system safety assessment.
after protesting the program at city hall multiple times and warning it would increase rent prices, a group of about 200 landlords launched legal action to quash the licensing bylaw in court in may 2023. the group’s lawyer argued the city enacted the bylaw in bad faith, that the rental licensing bylaw is arbitrary, and that it violates the charter of rights and freedoms in several ways, including by discriminating against businesses based on geography.
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last march, ontario superior court justice kelly gorman concluded the bylaw was passed in good faith and dismissed the challenge.
in their decision this week, court of appeal justices eileen gillese, lios roberts, and lorne sossin wrote that gorman disposed of each of the landlord group’s arguments “in detailed reasons” — reasons the appeal court justices agreed with.
according to the city’s website, it’s not accepting new applications for residential rental licences.
a report on the two-year pilot study, which aimed to provide safety in windsor’s rental housing stock, is expected to go to city council later this year.
based on data gathered during the pilot study, council will decide whether to end the neighbourhood-specific program entirely or to extend and expand it citywide.
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