Guitar Festival 2018 in doubt, says Vezeau

Jeff Green | May 02, 2018

Del Vezeau has a new lawyer and a bit of new perspective on his relationship with South Frontenac Township. He is also unsure whether the Canadian Guitar Festival and South Frontenac Township are meant to be together.

Vezeau, the owner of Loughborough Holiday Campground and the founder and host of the guitar Festival, has been locked in a dispute with the township over zoning issues and noise complaints from neighbours. The dispute led the township to seek a court injunction against him, yielding mixed results.

Justice Hurley of the Ontario Superior Court denied a township request for an injunction (aimed at?) stopping Vezeau from holding public events such as weddings and concerts at his park, but declared that those events are not permitted under the parks site specific zoning.

The judge also ordered Vezeau to pay $10,000 in court costs to the township.

Noting that Vezeau had begun advertising the 2018 festival, Council discussed the situation at a meeting a couple of weeks ago. In years past, Vezeau came to Council for an exemption to the township wide noise bylaw for the weekend of the festival, which has never been the subject of a noise complaint, but he has not done so this year.

John Ryder-Burbidge, Vezeau’s lawyer, took a look at Judge Hurley’s ruling for him, and provided a letter of opinion. One of the things he said, was the ruling seemed confused about the “mixed impact” of the zoning bylaw and the noise by-law. He said that he does not see how the township, if asked, could “grant an exemption from its noise bylaw for an activity that is also in breach of its zoning bylaw.”

He also said that he did not understand why the township had been insisting, for a few years, that Vexeau needs to apply for new zoning. He said the township can simply amend the zoning bylaw for the campground to allow the festival to take place by a simple motion of council, saving Vezeau from a long, expensive, process.

He calls it a case of “After you Alfonse”.

“The municipality is perfectly capable of amending its own bylaws if and when it wants. They could have it placed on the agenda for a municipal council meeting and have it all done in fifteen minutes. If they really want this issue put in front of Council, they should probably go ahead and do it as a matter of public concern that(rather?) than insisting that you go first (‘After you Alfonse’).”

Ryder-Burbidge offered, and Vezeau agreed, that he raise the issues he has identified with the township’s lawyer Mr. Hickey, to see if he is persuaded and can then persuade Council to act on their own, to settle the zoning issue.

For his part, Del Vezeau said “the guitar festival, this jewel of a festival, is now in jeopardy. I could shut it down for one year, and shop around for a new location. It could end up in Toronto, it could end up in Montreal or Halifax. I don’t know where, but it will land somewhere and it will be South Frontenac’s loss.”

Vezeau also indicated that if the festival is forced out he will look into a lawsuit against the township because of the expense he has gone to by putting up a building to house it at his campground.

“It’s called ‘detrimental reliance’. I built that, and they granted a permit, in order to house the guitar festival and if they then shut down the festival or make it impossible to operate, it is detrimental reliance and they are liable for that.”

For now, Vezeau said the matter is back in the township’s hands through their lawyer, but “I need to make a decision about the 2018 festival pretty soon.”