Ruck v City of Mississauga

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OVERVIEW
In August of 2021 Applicant was served with a Notice of Contravention under the City of Mississauga’s Nuisance Weed and Tall Grass Control By-law 0125-2017, based on “Anonymous Neighbour Complaints”, which was resolved in October, 2021.

Notwithstanding the resolution of this matter in 2021, in 2022, the City of Mississauga Bylaw Enforcement Division again conducted inspections of Applicant’s private property based on “Anonymous Neighbour Complaints”, and issued Notice of Contravention #2.

Notwithstanding copious communications requesting clarification and detailing Applicant’s philosophical, ethical, aesthetic, scientific, logical and legal rationale for naturalizing lawns, as well as noting the precedent established in 2021, City of Mississauga officials and By-law Enforcement officers remained unresponsive, conducted several inspections based on “Anonymous Neighbour Complaints”, and issued Notice of Contravention #3 in July of 2022, followed by enforcement action on July 29, 2022.

See LAWN RAGE – a Cause for Change on YouTube.

In light of the City’s unresponsiveness to Applicant’s letters and emails, an Application for Judicial Review of the City’s violations of Administrative Law principles was brought before Ontario Divisional Court. Pursuant to Dismissal of the Application for Judicial Review in Divisional Court on account of Charter and Damages issues being beyond the mandate of Divisional Court adjudication, City of Mississauga officials and By-law Enforcement officers again remained unresponsive to Applicant’s requests for clarification, discretion and exception, again conducted inspections based on “Anonymous Neighbour Complaints”, issuing Notice of Contravention #4 in July of 2023, followed by enforcement action on August 24, 2023.

See LAWN RAGE II – Someone’s Cutting Our Grass ! on YouTube.

In an effort to avoid annualizing the destruction of Applicant’s flourishing Wildlife- and Pollinator-friendly yard by the City’s repeated enforcement actions, a Notice of Application was filed in Civil Court with the Superior Court of Justice, Brampton, Ontario, dated November 21, 2023: CV-23-00002991-0000

Pursuant to the Final Judgement rendered in Superior Court dated May 2, 2024, which dismissed the Application with costs, a Notice of Appeal was filed with the Ontario Court of Appeal on May 30, 2024, Court File No. COA-24-CV-0540. Grounds for appealing the Judgement include Errors of Law, Errors of Fact, Errors in Procedure, Errors in Principle, Manifest Unfairness and Fresh Evidence.

With the Appeal pending, City of Mississauga officials and By-law Enforcement officers again remained unresponsive to Applicant’s requests for clarity, discretion, exception and delay until the Appeal is adjudicated, again conducted inspections based on “Anonymous Neighbour Complaints”, and issued Notice of Contravention #5 dated May 17, 2024.

To forestall any action before the Appeal is adjudicated, a Notice of Motion to Stay the City’s threatened enforcement was filed with the Ontario Court of Appeal dated June 20, 2024.

The Motion Judge’s dismissal of the Notice of Motion M55218 mirrored the Application Judge’s dismissal of the Notice of Application CV-23-00002991-0000 in it’s virtual word-for-word recitation of the City of Mississauga’s assertions, made without presentation of any objectively discernible evidence, while devoting scant, if any, consideration of Applicant/Appellant’s numerous objectively fact-based arguments and counter-arguments backed by legal precedents.

JUDICIAL REVIEW IN DIVISIONAL COURT
In May, 2023, Wolf Ruck filed a Notice of Application for Judicial Review of the City of Mississauga’s administration and enforcement of By-law 125-2017 on his private property with the Ontario Superior Court of Justice in Brampton, Court file number DC-23-00000024-0000:

NOTICE OF APPLICATION IN SUPERIOR COURT
Pursuant to Dismissal of Application for Judicial Review in Divisional Court, City of Mississauga officials and By-law Enforcement officers remained unresponsive, conducted inspections and issued another Notice of Contravention in July of 2023, followed by enforcement action on August 24, 2023.

See LAWN RAGE II – Someone’s Cutting Our Grass! on YouTube.

A Notice of Application was filed in Civil Court with the Superior Court of Justice in Brampton, Court file number CV-23-00002991-0000:

APPEAL TO ONTARIO COURT OF APPEAL
Pursuant to the Final Judgement rendered in Superior Court on May 2, 2024, a Notice of Appeal was filed with the Ontario Court of Appeal on May 30, 2024, Court File No. COA-24-CV-0540:

ENFORCEMENT ACTION – October 17, 2024

Pursuant to another Notice of Contravention issued on May 3, 2024, the City of Mississauga executed a third Enforcement Action, notwithstanding a written request addressed to the decision-making authorities to pause any action until the Appeal has been heard.

See LAWN RAGE III – The Morning After on YouTube.

The City of Mississauga’s targeting of Wolf Ruck’s private property with repeated and escalating By-law 125-2017 Enforcement since 2021—particularly the latest Action on October 17, 2024—starkly reveals a pattern of ongoing harassment in violation of Procedural Fairness, Administrative Law, and Charter protections. Despite repeated appeals for due process and respect for his legal rights (see October 11, 2024 letter below), the City’s decision-making authorities have chosen to proceed with Enforcement Actions in direct contravention of principles of natural justice and fair governance under Canadian Law. The Enforcement Action on October 17, 2024, epitomizes the City’s disregard for legal process and demonstrates its apparent intention to bully Wolf Ruck into compliance at any cost, even while the case is under judicial review—a clear violation of DUE PROCESS under Canadian Law. This approach not only violates Charter rights but also poses potential liabilities for the City’s decision-making authorities who are accountable for executing illegal Enforcement Actions before the Court of Appeal has rendered its decision.

FRESH NOTICE OF APPLICATION IN SUPERIOR COURT
Pursuant to the Court of Appeal Order issued February 26, 2025, a Notice of Application together with the requisite Notice of Constitutional Question dated March 21, 2025 was filed in Brampton Superior Court on March 26, 2025.

MEDIA

OTHER

OPEN LETTER TO CANADIAN MUNICIPALITIES published and distributed July 22, 2024 by:

CSLA – Canadian Society of Landscape Architects
DSF – David Suzuki Foundation
CWF – Canadian Wildlife Fund
EDL – Ecological Design Lab
Lorraine Johnson

LETTER TO CITY OF MISSISSAUGA decision-making Authorities and Council Members

Hello Fellow Naturalists,

For your interest, the following letter was emailed to the City of Mississauga decision-making Authorities and Council Members listed below.

***********************************************************************

To: <Ross.Spreadbury@mississauga.ca>, <Nathaniel.McLaren@mississauga.ca>, <Navdeep.Sidhu-Gill@mississauga.ca>, <Georgios.Fthenos@mississauga.ca>, <Raj.Seth@mississauga.ca>, Blaine Williamson <blaine.williamson@mississauga.ca>, Daron Earthy <Daron.Earthy@mississauga.ca>
Cc: Stephen Dasko <Stephen.Dasko@mississauga.ca>, Alvin Tedjo <Alvin.Tedjo@mississauga.ca>, Chris Fonseca <Chris.Fonseca@mississauga.ca>, <John.Kovac@mississauga.ca>, <Natalie.Hart@mississauga.ca>, <Joe.Horneck@mississauga.ca>, <Dipika.Damerla@mississauga.ca>, <Matt.Mahoney@mississauga.ca>, <Martin.Reid@mississauga.ca>, <Sue.McFadden@mississauga.ca>, <Brad.Butt@mississauga.ca>, Carolyn Parrish <carolyn.parrish@mississauga.ca>

***********************************************************************

Mayor Carolyn Parrish
Mississauga City Councillors
By-Law Enforcement Officials
Mississauga City Hall
300 City Centre Drive
Mississauga, ON
L5B 3C1

By email: October 11, 2024

IN RE: Request to Rethink and Pause By-Law 125-2017 Enforcement Action

Hello Mayor Parrish, Mississauga City Councillors, By-law Enforcement Officials, et al.

I am writing to respectfully request that you reconsider and pause forthwith the proposed Enforcement Action scheduled for next week in respect to my property at 1720 Lincolnshire Blvd., which has been targeted for remediation under Mississauga’s “Tall Grass and Nuisance Weeds” By-law 125-2017 for the fourth year in a row since 2021.

This request is made with the aim of allowing time for the City to reflect on several critical issues before proceeding with Enforcement, particularly in light of my Appeal currently before the Ontario Court of Appeal, and the broader implications of this case for municipal environmental stewardship, legal accountability, and public perception in Ontario and Canada.

As we navigate a period of unprecedented biodiversity decline, global warming, and ecosystem collapse, my efforts to establish a wildlife- and pollinator-friendly habitat reflect current trends in Rewilding Urban Landscapes. This initiative aligns with the growing recognition that naturalized spaces within cities are essential to counteract environmental degradation and ecocide.

Key Points to Consider:

Ecological Importance of Rewilding Efforts:
My property promotes the conservation of native plants, pollinators and wildlife, and serves as a small but significant step towards preserving biodiversity in Mississauga. Rewilding and naturalizing urban spaces, as opposed to strictly enforcing outdated aesthetic norms reflected in conventional lawns, are increasingly regarded as responsible actions to combat climate change and ecosystem collapse. Proceeding with enforced remediation will send a negative message about the City’s priorities in regard to environmental stewardship.
Legal Obligations and the Pending Appeal:
As you are aware, the City’s Enforcement Actions are subject to my legal challenge currently before the Ontario Court of Appeal. It is crucial that the City complies with the relevant provisions under Administrative Law, the Ontario Weed Control Act, Ontario’s Municipal Code and the Charter, before proceeding with Enforcement. Importantly, there are obligations for the City to respect the protections under the Charter of Rights and Freedoms, specifically Section 2(b) related to Freedom of Expression and Sections 7 and 11(h) related to Nuisance Harassment and Double Jeopardy, as outlined in my most recent Letter #8 to MBLEO Williamson with attached Notice of Trespass and Mischief dated October 3, 2024.
Negative Publicity:
The ongoing legal case with the City has generated significant local, national and international attention, casting Mississauga’s self-promoting “Canada’s 29^th Bee City” moniker in an unfavorable light for being self-contradictory, hypocritical and hostile towards innovative and responsible environmental practices in light of the City’s obstruction of my grassroots efforts.
Potential Liabilities:
Should Enforcement proceed without the appropriate reconsideration and pause requested, the City and its decision-makers could face individual and collective liability for penalties associated with violations of Administrative Law, the Ontario Weed Control Act, Ontario’s Municipal Code and the Charter.
Administrative Law and Penalties:
The City of Mississauga decision-making Authorities have a duty to comply with Procedural Fairness and Administrative Law, particularly in the context of my pending Appeal. Moving forward with Enforcement without proper legal standing (i.e., in the absence of a court-approved Warrant to enter my property) could expose the City to significant liabilities. As noted in previous communications with attached Notice of Trespass and Mischief, Enforcement Action taken without Due Process may lead to penalties under the Criminal Code for invasion of privacy, interference with enjoyment, use and operation of property, and destruction of property, which carry severe consequences for both the City and its agents.
Unspecified & Suspect Grounds:
Notwithstanding my repeated requests, the City of Mississauga decision-making Authorities to date have failed to provide any evidence of objectively valid grounds underpinning the unspecified and suspect “Anonymous Neighbour Complaint(s)” which trigger the City’s Notices and Enforcement Actions in my case, which begs the question: Why are the rights of “Anonymous Neighbour Complainant(s)” accorded precedence over my protected rights under Administrative Law, the Ontario Weed Control and the Charter?
Unjustified Urgency:
Notwithstanding my repeated requests, the City of Mississauga decision-making Authorities to date have failed to provide any objective evidence of present or imminent harm to unspecified and suspect “Anonymous Neighbour Complainant(s)”, or to our community at large, allegedly posed by my property’s pollinator- and wildlife-friendly habitat, which begs the question: Why is there such urgency for Enforcement Action on my property that the City of Mississauga cannot wait until the Appeal process has run its course?

Request for a Stay of Enforcement Pending Appeal

In light of all of the above, I respectfully urge the City to stay any contemplated Enforcement Actions until the Ontario Court of Appeal has rendered a decision in my case. With this approach, the City of Mississauga will not only safeguard its legal position, but also demonstrate its professed commitment to environmentally responsible stewardship and to “Excellence ensuring the citizens of Mississauga receive value for money; and delivering excellence internally through innovation and the services we provide.”

I appreciate your attention to this important matter and look forward to your response. Should you require any further information or clarification regarding this request, please do not hesitate to contact me.

Sincerely,

WOLF RUCK

GoFundMe

A GofundMe campaign has been set up for donations to help defray the legal costs.

Ruck v City of Mississauga

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