Judge dismisses lawsuit against City of Kelowna over short-term rental licence
A Kelowna property owner’s lawsuit against the city regarding his short-term rental licence was dismissed by a judge on January 16.Summary
On January 16, Justice Coval dismissed a lawsuit brought by Dennis Axle Hildebrand against the City of Kelowna. Hildebrand had petitioned the court to overturn the city’s decision not to renew his business licence for short-term rentals at 911 Bernard Avenue, known as the Kelowna Art Lodge. He initially claimed he didn’t receive a renewal notice in 2022, but the court heard evidence of a notice issued in December 2021. The city also cited bylaw infractions, including unpermitted building work and the property’s non-compliance with zoning regulations after a 2022 rezoning from ‘urban residential’ to ‘townhouse housing’. The city offered a compromise allowing long-term rentals, but Hildebrand insisted on short-term rentals. Justice Coval agreed with the city that the licence termination was not unfair and that the property’s current configuration, with seven self-contained units, violates current bylaws. The judge stated Hildebrand had “not demonstrated the decisions…to be unfair or unreasonable,” and noted Hildebrand continues to operate short-term rentals without a valid licence, as evidenced by active Airbnb listings.
(Source：Vernon Morning Star)