A Superior Court judge has permanently barred Konzelmann Vineyards Inc. from hosting outdoor events not permitted under its zoning — and the winery says none will proceed unless council grants approval.
The case stems from an application by neighbouring farmer Brox Company Limited that questions whether the Town of Niagara-on-the-Lake, also named in the case, properly enforced its bylaws after the Lakeshore Road winery hosted outdoor events not permitted under its zoning.
Last week, the judge ruled Konzelmann held outdoor events in 2024 and 2025 “contrary to the permitted uses” under the town’s zoning bylaw and inconsistent with its approved site plan agreement.
The judge issued permanent injunctions barring the winery from any future use not permitted under its zoning bylaw, as amended, its site plan agreement, or any licence issued by the Alcohol and Gaming Commission of Ontario.
The judge has not yet ruled on remaining issues involving the town — whose counsel maintains that enforcement of bylaws is discretionary under Ontario law and that the court should not interfere with that discretion.
Konzelmann president Jim Reschke said no outdoor events have been booked, scheduled or planned and none will be hosted or marketed unless the winery receives approval, adding it is working with the town on its original submission and has revised it based on staff feedback.
“We respect the ruling and understand the importance of following proper planning and legal processes,” he said.
Reschke said the goal of the application is to “work collaboratively with the town and to ensure compliance,” while offering “small-scale, low-impact experiences” such as intimate wine tastings and small ceremonies in the vineyard.
The town confirmed no court order has been issued with respect to the municipality and that no new planning applications have been submitted for 1096 Lakeshore Rd. since a zoning bylaw amendment application was received June 9 last year and deemed complete July 2.
In an email, Brox president Ed Werner said the company is pleased with the ruling but argues it highlights “the negative consequences of the town’s decision not to enforce its bylaws.” He described the decision as “the end of the beginning.”
“Regardless of the judge’s decision, Konzelmann Winery is again asking council to legalize its activities and allow it to conduct commercial activities in the agricultural zone,” said Werner.
He pointed to public court records in which Reschke testified that town officials told the winery it could continue activities not permitted under existing zoning, without being stopped — activities Brox argues went beyond enforcement discretion.
Werner said the situation led to neighbour suing neighbour and the municipality being drawn into the case. He argued the dispute could have been avoided had the town acted on the “dozens of complaints.”
“This is no longer a matter of enforcement but a much deeper issue of town officials knowingly acquiescing to the illegal use,” said Werner. He argued if municipalities are not required to enforce their bylaws, council could decide whether to apply its own laws “against whoever they choose.”
“Council would then be lawmaker, judge and enforcement — all in one body,” Werner said.
Lord Mayor Gary Zalepa said he has no confirmation that such a conversation took place between Reschke and town officials, but said the ruling provides “very good clarity.”
“It basically says the property owners need to comply with zoning,” he said.
Zalepa said that technically, if council approves a zoning amendment permitting outdoor events, that would comply with the court order.
“But I think that’s a larger conversation.”
He said the application must first go through the full review process, including evaluation under the town’s zoning bylaw and official plan, along with any required public meetings.
“That’s always the case.”
Zalepa said the town’s new special events policy and bylaw, approved this winter, provides clarity on how events are managed and said any activities beyond that policy would have to be addressed through a zoning amendment.
Werner, however, said the new policy and bylaw give the clerk’s office authority “to determine who, where and how many special events can be held without regard to zoning bylaws, or site plans.”
He said allowing commercial operations in agricultural areas — rather than encouraging farming — would disadvantage compliant operators and negatively affect nearby residents “due to the uncontrolled tourist activities.”
Town communications co-ordinator Marah Minor said town staff continue to review the application and resubmissions, noting the winery remains subject to existing zoning and would require both a zoning bylaw amendment and a site plan amendment to permit outdoor events.
She said the town will review the application to ensure it complies with provincial and local planning rules and is processed in accordance with the Planning Act.
