Playing by the rules: paintball company defeated in court again

[Neil Carleton]Paintball is a commercial game that simulates military combat. Winning, according to some players, is all that counts.

Marked Paintball & Laser Tag has argued four times in court that its version of the rules is how the company should be allowed to operate. Four court cases. Four defeats. Residents of Drummond / North Elmsley are wondering what’s the next play.

APRIL 2013   After a long legal battle, the Ontario Court of Appeal upheld a decision that the business had been operating at 4120 Vaughan Side Road in West Carleton in an area that was never legally zoned for paintball operations.

DECEMBER 2014   Owners Dag and Allie Militky took the Township of Drummond / North Elmsley to court. The company’s rezoning application met with stiff opposition from residents. Additional information was required by the Township. The company changed tactics and argued that the relocation of their business to 13259 Highway 7 would be a private park and not subject to rezoning rules. The Ontario Superior Court of Justice found otherwise. It ruled that the proposed use by the owner/applicants was a commercial activity which required an amendment to the existing zoning by-law.

JUNE 2015   Marked Paintball & Laser Tag went to court for a 4th time, challenging the decision of the Ontario Superior Court of Justice. It was the finding of the Court of Appeal of Ontario that “ … the motion judge made no error in his conclusion, which is eminently sensible.” The full text of the decision is available at this link. http://www.canlii.org/en/on/onca/doc/2015/2015onca408/2015onca408.html

Previous articles have been archived by the Millstone News.

December 4, 2014

Drummond North Elmsley Township victorious in court against paintball company

November 27, 2014

Municipal paintball drama moves to the courtroom

June 6, 2014

Paintball zoning application still misses Drummond / North Elmsley target

January 31, 2014

Rural community opposes paintball business in Drummond / North Elmsley

January 24, 2014

Controversy follows paintball operation to Drummond / North Elmsley