A Novel Enforcement Effort by the Town of Wasaga Beach Against “ Persons Unknown ” to Prevent the 2023 H2Oi Car Rally
iStock . com / isabela66
“ Because They Fear ”:
A Novel Enforcement Effort by the Town of Wasaga Beach Against “ Persons Unknown ” to Prevent the 2023 H2Oi Car Rally
Paul E . F . Martin is a Partner at Loopstra Nixon LLP . He is a litigator qualified in both Ontario and California who specializes in representing municipalities in bylaw and building code matters .
Regional Senior Justice M . L . Edwards of the Ontario Superior Court issued a most interesting judgment in Wasaga Beach ( Town of ) v . Persons Unknown , 2023 ONSC 4929 . The Court ’ s Order , which was released on August 29 , 2023 , restrained unknown ( and therefore un-sued ) persons from proceeding with an unauthorized car rally scheduled for September 1 – 4 , 2023 . Bylaw officials across the province should take note of this ruling if they are interested in adopting a proactive stance against forthcoming illegal events .
Town of Wasaga Beach sought its injunction in response to social media posts advertising that an annual car rally would again be organized within its jurisdiction in violation of by-laws prohibiting such activities . The car rally was traditionally held in Ocean City Maryland but , starting in 2020 due to border closures from Covid 19 , relocated to Ontario .
The Court noted that the 2020 rally required Ontario Provincial Police to “ break up large crowds and resulted in the police having to stop non-residents from entering the Town on Saturday September 26 , 2020 .” There were 500-800 cars in attendance , with 172 charges that included towing 44 vehicles .
2021 was no better . Approximately 1,000 vehicles participated , with 380 charges including 70 vehicles being pulled off the road for street racing and for being unfit for the road . The Town expended over $ 46,000 responding to the 2021 rally , which costs went unrecouped .
mleoa . ca 17