The court trial for the owner of a rental mansion in the hamlet of Riverside Estates began Monday April 18 in Saskatoon.
After opening testimony by the prosecution, the trial was adjourned and is slated to continue later this year at an as-yet undetermined date.
The RM of Corman Park is taking legal action against Jonathan Daniels, owner of 5 Cherry Lane, a 12,000-square foot mansion that’s been the subject of numerous noise and nuisance complaints by neighbouring property owners over the past three years. It was also the subject of complaints about violations of Public Health Orders in place during the COVID-19 pandemic in 2020 and 2021.
Corman Park officials say Daniels is not in compliance with a municipal bylaw that prohibits the operation of a home-based business (in this case short-term rentals) without the necessary approval by the RM council and appropriate development permit from the municipality.
Under the RM of Corman Park zoning bylaw, home-based businesses in Country Residential 1 zones (which includes the hamlet of Riverside Estates) are considered discretionary uses, and therefore must be approved by council before a development permit is issued for operation. In the case of 5 Cherry Lane, neither council approval nor development permit was obtained.
The RM of Corman Park has charged both Daniels and his company, TRL Holdings, with violating the zoning bylaw. Both trials are being held concurrently before Justice Douglas Curliss.
During opening arguments in the case on April 18, Corman Park Bylaw Officer Dave Prout said he first met with Daniels on September 5, 2018, following a complaint by neighbours about excessive noise and partying at 5 Cherry Lane. Prout said he explained to Daniels that he needed to apply for a development permit to operate a rental property.
Prout said he met with Daniels again on October 18, 2018, after additional complaints by neighbours. Prout met one more time with Daniels in early 2019 in the wake of additional complaints from neighbours and no application by Daniels for a development permit.
On August 2, 2019, Prout said the RM of Corman Park issued a letter to Daniels ordering him to immediately cease and desist renting the property.
Daniels confirmed in court that he received the letter referred to by Prout.
Prout then told court he met with neighbouring property owners in Riverside Estates in October, 2019. They told him of numerous instances of loud, noisy parties,and trespassing by party-goers on neighbouring properties.
On February 21, 2020, the RM of Corman Park issued an Order of Compliance to Daniels to immediately cease renting the property and remove all advertising and signage. Prout said the Order specified that Daniels could appeal the directive within 30 days; but no appeal was received by the RM.
In the summer of 2020, a meeting was held at the RM of Corman Park office in Saskatoon between Daniels and Corman Park Reeve Judy Harwood, Bylaw Officer Prout, former Corman Park Police Chief Warren Gherasim, and former Corman Park Chief Administrative Officer Adam Tittemore. At that time, said Prout, Daniels indicated he would stop all rentals.
A social media post by Daniels dated June 2, 2021 on his ‘5 Cherry Lane’ facebook page stated he purchased the property with the intention of sharing “the space with as many people as possible on a cost-recovery basis”, but “effective immediately, 5 Cherry lane is not available to be rented to the general public. We are starting a shift to a co-operative housing model. Use of 5 Cherry lane will be limited to 5 Cherry Lane co-housing members. All members will need to buy a share in the corporation that owns 5 Cherry Lane.”
Prout testified that in the fall of 2020, he met with neighbouring property owners in Riverside Estates who told him the mansion was still being rented out.
Corman Park Police Constable Dana Schreiner testified at the April 18 court hearing that he had responded to 10 complaints about the property since 2019. The complaints, lodged by neighbours, included noise, COVID-19 public health violations, and one incident involving a campfire on the lawn.
Corman Park Police Constable James Gordon testified he had attended the property on multiple occasions, including several incidents involving noisy parties and also public health violations of gatherings over 10 people during 2021.
Daniels stated in court that he cooperated with police in their investigations of the public health violations, and fully supported their efforts. Daniels said he was not present at the events and was not able to control the activities of renters.
The trial was adjourned April 18 after only a few hours because the court room was booked for other trials. When the trial resumes at a later date, tentatively set for July, Daniels is expected to present evidence in his defense.