Some residents here are taking legal action against Puslinch Township and the Bayview Cottagers Association (BCA) in a bid to change the name of Swastika Trail.
Randy Guzar and William Knetsch have launched a judicial review of the township decision to retain the name of the private road near Puslinch Lake in the southwest corner of the township.
The application was filed at Ontario Superior Court in Toronto on April 9 by Toronto firm Blake, Cassels and Graydon LLP.
“This began as a local dispute over an offensive street name … Swastika Trail,” Guzar said in a telephone interview with the Advertiser.
However, he added, “This has evolved more into an issue of accountability and fairness when we believe that the BCA conducted a vote which was procedurally flawed, problematic from start to finish, and the results of that vote were then relied upon completely by the township to make its decision.
“And we think that is not only unfair, but an unreasonable process in which to make decisions.”
On Dec. 20 Puslinch council decided not to change the name of the privately-owned 800-foot road. Council heard 14 delegations that night, with presentations roughly equally divided between those wanting to keep the road name and those wanting to change it.
At the time, council was also aware of the vote taken by the cottagers’ association. Council voted 4-1 not to move forward with changing the name of Swastika Trail.
Mayor Dennis Lever and councillors Matthew Bulmer, Susan Fielding and Ken Roth were opposed, while councillor John Sepulis voted in favour of the resolution.
Guzar and Knetsch allege the decision was based on the results of an unfair and biased process that led to a 25-20 BCA vote to retain the name Swastika Trail.
The applicants also allege the township failed to exercise its authority under the Municipal Act, and improperly delegated its responsibility to make a decision.
Paul Wyszynski, owner of the numbered company that owns the private road, said renaming the road would be “a big expense … I don’t want to do it.”
Asked about the judicial review, Wyszynski said “it amounts to two couples trying to destroy the whole neighbourhood.”
He added, “It is ridiculous what they are trying to do. They are trying to overturn council’s decision.”
The Swastika Trail controversy began in early 2017, when some residents raised concern about the name.
They contend that despite the origins of the name, which was associated with good fortune, the swastika’s later association with the Nazi party made the name unacceptable.
The township suggested the BCA, which includes residents of the private road and surrounding roads, put the issue to a vote.
Guzar and Knetsch allege Puslinch council simply adopted the results of the Nov. 1, 2017 BCA vote, which they say was rife with bias and not carried out in accordance with the BCA’s own rules.
The application alleges the BCA notice contained one-sided information designed to influence voters to keep the name and to avoid any inconvenience of updating their street address.
Further, the application alleges that all members in good standing of the BCA should have been entitled to vote on the matter – not just those living on Swastika Trail.
“The township didn’t have to accept the flawed vote of the Bayview Cottagers Association, they could have investigated the process and its procedural failures and overturned the result,” stated Guzar.
“They could have independently determined to change the street name or put the matter to a referendum and allow all Puslinch residents to have a say, but they refused to use the responsibility and authority given to them to take appropriate action.”
When contacted by the Wellington Advertiser, Knetsch advised the Newspaper to contact Crystal Hyde of Scout Public Affairs Inc.
According to a press release issued by Scout Public Affairs, “Residents have tried everything in their power to work with the township to make the right choice in the public’s interest.
“Exhausting all other options, the applicants have taken legal action demanding accountability and fairness from Puslinch Township seeing this as the only avenue remaining.”
A timeline issued by Hyde indicates residents made several requests in January and March to meet with the township to discuss the matter, but the requests were denied.
On April 10, the township was served the legal action.
Puslinch CAO Karen Landry stated, “I’m guessing council will have to meet before moving forward.”
Puslinch Mayor Dennis Lever agreed, noting a judicial review would only review the process by which a decision was made.
He anticipated council would review the application in-camera at its April 18 meeting and potentially report out to the public after that.
When asked about the impact the issue has had on the community, Guzar stated, “I think we conduct ourselves pretty much as we always have. But the issue really isn’t about that at all.
“The key is about a township which has failed to take appropriate action and failed to use its jurisdiction and authority ‘to do the right thing.’”
Wyszynski noted that when the cottagers association briefly considered the idea of changing the name back in 1996, “there was a swift opposition by longtime residents,” including Charlie Hoskins, the father of Audrey Hoskins, Guzar’s wife.
“(Charlie) would be turning over in his grave right now if he knew about this,” said Wyszynski.
He contends the township never should have encouraged the cottagers’ association to take a vote.
“This has nothing to do with the township. It is a private road,” he said, adding the township does not maintain the road.
“All they do is collect revenue from us.”
Wyszynski suggested if the BCA vote had gone the way opponents had wanted they would have considered it binding.
He also noted Guzar moved to Swastika Trail 18 years ago – “but it didn’t seem to be an issue until the matter was brought up last year.”
Wyszynski said the group did not win when the matter first came to council. Then a vote was taken by the cottagers’ association and the group did not win again.
Then a petition was drafted bringing in references to the Nazi regime.
“This has nothing to do with Nazis .. it’s the name of a street,” he said.
Wyszynski said it seems that opponents to the name “just won’t stop.”
He concluded, “We’re not changing it. We’re done.”
