Konzelmann Estate Winery is one step closer to legally hosting outdoor events in Niagara-on-the-Lake — but for now, they remain off-limits as approvals are still required following a court ruling earlier this year.
Council approved a zoning change for the winery on Tuesday, permitting an outdoor event space at 1096 Lakeshore Rd.
It has been designated with what the town refers to as a “holding” (or “H”) symbol, which will keep events from happening until the winery secures a site plan approval.
Town staff recommended approval, saying the proposal not only follows planning rules but also will be returning to council anyway, as councillors will need to eventually lift that H symbol.
A February ruling from the Ontario Superior Court found Konzelmann hosted outdoor events in 2024 and 2025 that were not permitted under its zoning and site plan, and issued a court order barring future events without proper approvals — prompting the winery to seek the zoning change now before council.
The Town of Niagara-on-the-Lake was also named in the case, but the court has not yet ruled on issues related to the municipality.
The case was brought by neighbouring Brox Company Limited, whose president, Ed Werner, has long opposed expanded outdoor event use on the property.
“While the decision of council doesn’t align with my vision for the future of Niagara’s agricultural area, I hope that this administration will enforce the laws that it has passed,” Werner told The Lake Report.
“Any failure by Konzelmann Winery to follow the laws or by the town to not enforce its laws will only land us in court again.”
Werner’s concerns were echoed during the meeting by lawyer Tom Richardson, who urged council to defer approval until the property complies with the current site plan agreement.
He also asked for tighter restrictions.
“No food, no amplified sound, no fireworks, maximum of six events, only one event at a time.”
Richardson suggested that, if applied — the holding provision should not be lifted until the new site plan agreement is fully complied with.
He warned the dispute could return to court.
“The (court order) will soon be the subject of a motion for contempt of court, due to the failure of Konzelmann to comply with it,” said Richardson.
The winery’s lawyer appeared virtually at the meeting and pushed back, saying the winery will not proceed with events until approvals are in place. He also rejected the idea that Konzelmann is continuing violations or ignoring the court order.
“That is fundamentally false,” said lawyer Paul DeMelo of Kagan Shastri LLP.
“We are in full support of the recommendation report and the zoning by law attached to it,” he said. “It is inconceivable to understand why we would wait to bring the old site plan into place — when it’s being replaced with a new site plan and zoning bylaw.”
For now, Konzelmann remains barred from hosting outdoor events until approvals are in place.
