The City of Windsor has won a court ruling concerning its rental licencing pilot program.
In a decision published on Monday, the Court of Appeal for Ontario dismissed the appeal filed by Windsor Housing Providers Inc., a group of local landlords who opposed a rental licencing pilot project.
According to the decision obtained by WindsorNewsToday.ca, the three-judge panel ruled that the landlord group did not prove that the pilot project created undue harm.
"The appellant is a coalition of landlords of properties in the City of Windsor that was incorporated in 2023 to represent housing providers and their interest in the rental housing market in the City of Windsor," read the ruling. "The appellant brought an application to quash the By-Law and, in particular, the various conditions imposed by the By-Law on landlords in the operative wards. It argued that the By-Law was enacted in bad faith, is arbitrary, and is ultra vires because it violates...the Canadian Charter of Rights and Freedoms and is inconsistent with various statutes."
Windsor Housing Providers Inc. had accused the City of discriminating based on geography. The group also said the by-law was an overstep, and that the program would create unnecessary burdens and increased costs for landlords. They had appealed on grounds that the original application judge was in error.
"The application judge properly considered the question of whether the powers of Council were exercised in good faith in the interest of the public without arbitrary or unfair conduct and with the degree of fairness, openness, and impartiality required of a municipal government," read the ruling. "She concluded, correctly in our view, that the By-Law was clearly passed in good faith for its stated purposes, which were within the respondent’s jurisdiction to enact for the good of its residents, including how to roll out its pilot project."
The landlord group was represented by Chatham-based lawyer Steven Pickard. The City was represented by Sharon Strosberg, senior legal counsel.
Windsor City Council approved the two-year program in early 2023 as a pilot project for properties in Wards 1 and 2. The program required owners of properties containing four or fewer units to get a rental license for each rented unit. It was designed to address safety concerns in the rental housing stock.
According to the City's official website, the pilot project will conclude on February 13, and no new licence applications are being accepted at this time.
-with files from Maureen Revait