A Niagara-on-the-Lake winery will have to pay a neighbouring farmer a little over $41,000 in legal costs after a judge found the farmer’s court action was necessary to stop the winery from violating Niagara-on-the-Lake’s municipal rules.
The June 26 costs decision is the latest turn in a court fight over outdoor events at Konzelmann Estate Winery, a fight that has put a spotlight on how the town enforces its own bylaws.
Superior Court Justice A.J. Ohler said the application by the winery’s neighbouring farmer, Brox Company, was important — it involved the use of a neighbouring property in a way that was inconsistent with the town’s zoning bylaw and approved site plan agreement, and affected Brox’s farming activities.
“The application was clearly necessary to stop Konzelmann’s use of its lands in a manner inconsistent with the town’s by-law and site plan agreement,” Ohler wrote.
Brox Company Ltd. had sought $43,071.15 in costs from Konzelmann Vineyards Inc.
Konzelmann argued no costs should be awarded or, alternatively, that Brox’s request was excessive. It pointed to an offer from last September to settle that included consent to the orders Brox sought and $10,000 in costs.
Ohler said the amount was reasonable, given the issues involved, the need for expert evidence and how far the case had progressed before Konzelmann agreed to the court orders Brox was seeking.
“While Konzelmann submits that the costs are excessive, it has not provided a bill of costs for consideration,” Ohler wrote.
The final amount was fixed at $41,683.62, which needs to be paid within 60 days.
The case stems from Brox’s application over Konzelmann’s outdoor events in 2024 and 2025.
Earlier this year, the court ruled Konzelmann’s outdoor events were contrary to the permitted uses under the town’s zoning bylaw and inconsistent with its approved site plan agreement.
The court issued permanent injunctions barring Konzelmann from any future use not permitted under its zoning, site plan agreement or any licence issued by the Alcohol and Gaming Commission of Ontario, conditions to which Konzelmann agreed.
The application also sought to compel the town to enforce its bylaws against Konzelmann, but that part of the case was dismissed. The costs decision says Brox and the town settled costs between themselves, but gives no details.
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