Photo: Martin Weiss
Martin Weiss property at 3990 Swamp Road
A decision by the City of Kelowna’s business license manager to refuse to renew a business license has been deemed “unlawful” and “unreasonable.”
In a decision Tuesday, BC Supreme Court Justice Gordon Weatherill sided with the owner of M. Weiss Masonry, who sued the city and business licensing manager Greg Wise after the company was refused a 2021 business license.
Martin Weiss filed suit in March after he was notified in December, 2020 the business he has operated since 1995 would not receive a license for 2021 because “conditions on this business license were not met.”
In handing down his decision, Justice Weatherill agreed with Weiss that Wise did not have the authority to revoke the licence.
He also agreed no reason was given for the decision, and that only city council, and not wisely, had the authority to revoke a business licence.
Weatherill ruled that the city’s allegations that Weiss was using his property at 3990 Swamp Road for uses beyond that of his business were “speculation in the extreme.”
“They did not provide any evidence contradicting Weiss’ evidence regarding the business use of the property and sought to justify the reasonableness of their actions by reliance on nothing other than assumptions, conjecture and inadmissible hearsay.”
The city had argued that, while Wise did not have the authority to cancel an existing license, because licenses are for a one year term issuing a license each year is “in effect, the granting of a new license.”
Justice Weatherill dismissed the claim, saying a letter sent to Weiss informing him he was operating without a business license 11 days after a Dec. 7 letter saying his license would not be renewed is evidence of the city’s intention to cancel the business license.
Justice Weatherill concluded the decision not to renew the license was in effect, a decision to revoke it, authority of which rests solely with city council.
He ordered the city to issue Weiss a business license once his $25 renewal fee is paid. The city is also required to pay costs.
