WATERLOO — A legal battle over Waterloo's controversial rental housing bylaw isn't over, despite a judge's dismissal of a request for judicial review in October.
Wally Janzen, who owns townhouse complexes at 100 Bluevale St. N. and 20 Mayfield Drive with a combined 61 units, is seeking to appeal the judge's dismissal.
Joe Hoffer of Cohen Highley LLP in London said his client had no comment for this story.
Shayne Turner, director of municipal enforcement in Waterloo, said the city wants to get the properties licensed and move on.
"We would prefer not to have this matter play itself out in the courts on a continual basis," he said. "Obviously we would like some resolution."
City Mayor Dave Jaworsky deferred to legal staff who said the case is before the courts.
"Our judicial process will review the information from both sides and we'll see a final outcome in due course," Jaworsky said via email.
The conflict started in December 2013 when Janzen filed a request for judicial review to Superior Court in Hamilton.
According to court documents counsel for Janzen argued the bylaw was actually a tax and it amounted to discrimination against families under the Human Rights Code because townhouses are more likely to house families with children than apartment buildings, which are exempt from the bylaw.
Waterloo's rental housing licensing bylaw limits bedrooms and requires landlords pay fees and was criticized by landlords who called it a cash grab.
The Ontario Human Rights Commission had also raised concerns that the bylaw was discriminatory but those issues were worked out with the city.
Janzen was notified by the city in August 2013 that he was required to licence his properties. In December he sought the judicial review.
In March 2014 the city levied charges against Janzen including 305 breaches under the bylaw and 61 work orders, according to court documents.
In its decision the court pointed out Janzen waited two years and seven months after the city had passed its bylaw May 9, 2011 to request a review. It took another six months for the application to be perfected though judicial review applications require that be done in 30 days.
The city argued Janzen was delaying the proceeding.
In dismissing the judicial review request, costs were awarded to the city in the amount of $50,000.
A decision from the Ontario Court of Appeal as to whether to grant Janzen leave could take months.
If the court says no appeal, Waterloo will move forward with either negotiating with the landlord to licence his properties or pursuing charges.
If he is granted an appeal the city's charges against the property will stay on hold until the matter is settled, Turner said.
In the meantime, Janzen's rental properties on Bluevale and Mayfield have been listed for sale.
In a letter to politicians this week Janzen's lawyer also accused the city of threatening tenants.
Bylaw officers visited the complexes in recent days requesting documentation from tenants to prove they have rental agreements. Notices left for those not at home warn uncooperative tenants could be charged.
Turner said the city doesn't want to take that route.
"That's just an exercise that we're going through to continue to gather evidence of operating with a licence," he said.
