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Whirlpool Jet Boat Tours’ Dock Licensing Agreement With Town of Niagara-On-The-Lake Unanimously Deemed Legal by the Court of Appeal for Ontario

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NIAGARA-ON-THE-LAKE, ONTARIO - (Marketwire - March 10, 2010) - On Wednesday March 10, 2010 the Court of Appeal for Ontario issued a unanimous decision against the Niagara River Coalition; ruling the licensing agreement between the Town of Niagara-on-the-Lake, ON and Whirlpool Jet Boat Tours (WJBT) to be legal under the Ontario Planning Act. As referenced in docket C50553 (http://www.ontariocourts.on.ca/decisions/2010/march/2010ONCA0173.pdf), rendered today at 10:30 am EST, "This latter day attack on the legality of the Jet Boat is unsupportable" states W. Winkler, CJO of the Court of Appeal for Ontario. Judge Winkler also established WJBT as an existing use under the Town's official plan. This is defined as a use "lawfully established in accordance with the By-laws of the municipality" on the date of the adoption of the plan. This can only lead to the conclusion that the WJBT operation was an existing, non-complying use permissible under the plan.

On May 29th, 2009 WJBT was issued a cease and desist order from the Melville Street dock owned by the Town, rendered by Judge Quinn. WJBT was issued a stay to return to the dock on June 15, 2009 after operating at the Navy Hall pier for 17 days thanks largely in part to Parks Canada until such time the appeal was to be held. On December 9, 2009, the Court of Appeal for Ontario heard the case between the Niagara River Coalition and co-counsel for the Town of Niagara-on-the-Lake and WJBT. "Although the judge's decision vindicates the Town of Niagara-on-the-Lake and WJBT, the reality is everybody has lost. Because of the actions brought forth by the Niagara River Coalition, the Town has been forced to divert funds which otherwise would have served the needs of the taxpaying citizens." states John Kinney owner/operator of WJBT. "Rather than dedicating limited funding and valuable staff resources to community initiatives like our schools and our economically challenged industries (agricultural, manufacturing, and tourism), we have spent hundreds of thousands of dollars on issues that have no possible return for the town, and that's what makes this bittersweet for me" commented Mr. Kinney.

Whirlpool Jet Boat Tours

Bring your family to Niagara this summer and experience the thrill of the white water along the Niagara River and Gorge. Niagara's premier family attraction since 1992, WJBT offers awe-inspiring scenery, historical significance, the rush and exhilaration of the class five white water at the Devil's Hole Rapids and the majesty of the Whirlpool.

Soak it all up aboard our Wet Jet tour, where you are blanketed by the Niagara River again and again as we safely navigate the rapids on the Niagara River. If getting absolutely drenched with excitement doesn't float your boat, remain dry in our Jet Dome tour, but don't forget to bring your camera for the picturesque scenery. Either way, the completely guided trip aboard any one of our 8 custom crafted jet boats is sure to leave you wanting more. For more information, head to www.whirlpooljet.com.

www.whirlpooljet.com


 
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