Smiths Falls, Ont. to pay local family’s legal fees over naturalized yard

It’s a legal victory for a Smiths Falls, Ont., family.

Back in the summer these homeowners took the town to court to keep their naturalized yard which was the focus of a property standards dispute.

The family will now see their legal bills covered by the town and they hope their success will help others.

“Getting a chance to be heard in a court, getting a chance to defend ourselves in front of council, we looked forward to it,” said property owner Craig Sinclair.

It may look wild but a lot of thought went into Sinclair’s front yard.

He and his family have what is called a ‘naturalized’ lawn, where they have planted native endangered species of plants and wildflowers to help boost the natural biodiversity in the age of the environmental crisis — something he said is more important than ever.

“My lawn, I know when I dig in it now, what was a lawn, there’s caterpillars and there’s worms, bugs and grubs that are going to winter inside my leaf litter on the ground and inside the plant stems that I leave up and that’s what the environment needs,” he said.

However, it doesn’t meet the town’s current property standards bylaw and after neighbours complained, last year the Sinclairs were ordered by the town to cut down vegetation three metres into their property to comply.

After taking the town to Ontario Superior Court in May, the town rescinded the order.

Not only are the Sinclairs able to keep their yard as it is, but last month the family settled with the town, accepting $5,000 to cover their legal fees.

“I think justice has been served. Smiths Falls needs to take a close look at the law, specifically its property standards bylaw. There is no aesthetic standard the town can dictate to residents if your garden serves an environmental, biodiversity improvement purpose,” said David Donnelly, the family’s lawyer.

“Even though the process may have been more cumbersome and awkward and frustrating, I think on all sides — mostly to the Sinclairs, but I think on all sides — the outcome is very positive,” said Smiths Falls Mayor Shawn Pankow.

Smiths Falls is now in the process of updating its property standards bylaw to allow for naturalized gardens.

Pankow says a draft will be brought to council in the new year.

“The hope is that not just my lawn could stay this way but that other people could convert their lawns to naturalized,” said Sinclair.

He said he hopes the new bylaw will not just make exemptions for naturalized lawns but allow them de facto.