As of Wednesday, March 29 no judgement had yet been handed down in the first tourist accommodation case to go to trial since the municipality moved to crack down on "illegal" chalet operations in residential neighbourhoods. Last year the RMOW launched 25 legal actions against a total of 33 properties. The Whistler versus Miller case was heard before Supreme Court Justice Ian Drost Feb. 17 this year. Whistler maintains homeowners Vicky Miller and Michael Rivera are in violation of a residential zoning bylaw that prohibits short term rentals for periods of less than four consecutive weeks. The bylaw also stipulates any rentals beyond four weeks can only be to tenants who live in Whistler or are Whistler employees. Justice Drost was asked by defence counsel Jonathan Baker to decide if the bylaw is actually enforceable. Baker, who is acting as legal counsel in 12 other Whistler tourist accommodation actions, maintains the bylaw is "hopelessly vague and uncertain." The decision in this case is expected to affect the rest of the cases to follow. Baker expected it would take "some time" before the judgement was handed down. Justice Drost is known for his very long, very thorough decisions, Baker said.
