A Superior Court judge has ruled that Konzelmann Vineyards Inc. violated Niagara-on-the-Lake’s zoning bylaw and its approved site plan agreement in 2024 and 2025, issuing a permanent injunction restricting the winery’s future use — including outdoor events — unless proper approvals are secured.
The case stems from an application by neighbouring farmer Brox Company Limited that argues Konzelmann used its property at 1096 Lakeshore Rd. to hold unpermitted outdoor events and that the Town of Niagara-on-the-Lake allowed them to continue, despite restrictions.
On Feb. 3, lawyers for Brox, Konzelmann and the town argued the case before Justice Amy J. Ohler in St. Catharines. Ohler reserved her decision.
In a Feb. 14 order made on consent between Brox and Konzelmann, Ohler declared that Konzelmann’s outdoor events in 2024 and 2025 were “contrary to the permitted uses” under NOTL’s zoning bylaw and inconsistent with the winery’s approved site plan agreement with the town.
She issued a permanent injunction restraining Konzelmann and any agent, servant, employee, assign, officer, director, or anyone acting on its behalf from conducting or permitting “any use not permitted” by the zoning bylaw “as may be amended,” including an outdoor event space.
Separate injunctions now also prohibit the winery from operating in violation of its site plan agreement or any licence issued by the Alcohol and Gaming Commission of Ontario.
The order does not apply to the town or its staff, as Ohler has yet to rule on the remaining issues, including any relief sought against the municipality.
