A Niagara-on-the-Lake resident is taking a local winery and the Town of Niagara-on-the-Lake to court, alleging that unpermitted events have been allowed at the winery despite zoning rules.
The case, which will be heard in the Superior Court the week of April 14, is by Ed Werner and his grape growing company, Brox Company Limited, against Konzelmann Estate Winery and the town.
Werner, who lives next door to the winery, has asked the court for an order to stop the two parties from using the Konzelmann property for anything that is not permitted under town zoning rules.
The case largely centres around special events held at the winery.
“Since at least 2016, Konzelmann has engaged and continues to engage in the unlawful use of the subject lands in contravention of the zoning bylaw, a registered site plan agreement and a license issued by the AGCO,” the court application states.
“Konzelmann has not applied for, nor has it received approval to use the subject lands for such regular outdoor special events,” it continues.
Using the property regularly for outdoor events has turned it into a commercial space in an agricultural area, the application argues, with loud music from weddings, guests walking near the vineyards, and parking in areas not approved by the site plan.
“The commercial-like use of the subject lands for regular outdoor special events is incompatible with the permitted uses in the agricultural area,” Werner argues.
The town comes into the equation because it has granted special events permits to the winery. Though the property was not originally zoned for this kind of use, the town has given Konzelmann special event permits, like one in 2023 that covered 21 events, including 16 weddings.
Werner met with senior staff and the town’s solicitor several times in 2023 and 2024, but the town did not take any action to cease events at Konzelmann, the application states.
“By allowing a regular use of an agricultural property for outdoor special events, which is inherently commercial in nature, the town is ignoring its own zoning bylaw and is facilitating the breach of such zoning bylaw,” the record states.
The three parties involved could be called to court any time next week, on short notice, as it depends on court and judge availability, says Werner’s lawyer, Patrick Maloney, from Sullivan Mahoney.
“Regardless of the Judge’s decision, there are impacts on our community that are cause for concern and will have long-term consequences,” Werner told The Lake Report in a written interview.
When town administrators or councillors override or ignore its own laws, Werner argues that it creates chaos — residents lose quiet enjoyment and property value, farms face safety risks from trespassing crowds, Niagara’s tourism reputation suffers when farming disrupts weddings, and legal businesses are forced to compete with illegal ones.
“Once the lawsuit is completed, there will be more information to share about the impact of the town’s failure to protect those who follow the rules and laws that exist,” he told The Lake Report.
Konzelmann did not respond to inquiries by press time. The Town of Niagara-on-the-Lake said it wouldn’t comment on an ongoing legal matter.
