Kitchener-Waterloo

Swastika Trail name appealed by Puslinch residents

Two men are appealing Puslinch Township council's decision to keep 'Swastika Trail' as the street name and have filed papers to the Ontario Superior Court of Justice.

Two men are appealing Puslinch Township council's decision to keep the street name

Despite Puslinch Township having already voted no for the street's name change, two residents who live on Swastika Trail are appealing their decision. 

Randy Guzar and William Knetsch filed their legal papers for a judicial review to the Ontario Superior Court of Justice on Tuesday. 

"We believe strongly that it was the township, not the cottager's association, that had the statutory authority to decide whether or not to rename Swastika Trail," said Guzar.

The Puslinch Township council made the decision in December of last year.

Susan Fielding, a councillor, said they wanted to "err on the side of democracy," as the Bayview Cottagers Association had a vote, and by a slim margin, the majority of residents wanted to keep the name. 

Dennis Lever, the mayor, said council did "the right thing" by not getting involved.

But Guzar said the vote carried out by the association was full of "irregularities" and was an "unfair procedure." 

"The process was problematic," he said.

"When township decided to accept the results of the flawed BCA vote and considered it binding, we felt really strongly that township improperly sub-delegated its authority to rename Swastika Trail," Guzar said. 

Puslinch Township council and the Bayview Cottagers Association are both aware of the legal notice and have 30 days to respond. 

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