Un-vaxxed Summerland woman denied use of pool and library, sues for property tax refund

A Summerland anti-vaxxer has failed in her attempt to get a $300 refund on her property taxes after she tried to sue the municipality. 

According to an Oct. 27 BC Civil Resolution Tribunal decision, Victoria Lightfoot argued that because she was denied entrance to the District of Summerland recreation centre, public library and swimming pool during the pandemic because she wasn’t vaccinated against COVID-19 or refused to wear a mask, she should get a tax refund.

The District of Summerland argued that property taxes are not based on usage and, regardless, it does not have the authority to give a discount on property taxes.

The decision said that when she paid her property taxes in 2022, and in the years after, she sent letters to the municipality saying she was paying them “under duress” and asking for a portion of the taxes to be refunded.

“Summerland refused, saying there was no provision in the Community Charter that allowed it to refund or waive property taxes in the circumstances,” the decision read.

According to the Penticton Herald, Lightfoot was a director at the Summerland Society for Civic Engagement, which was formed in 2024 in response to the council’s decision to cancel public question time during council meetings.

The article said their mandate was to “encourage and facilitate spirited discussion and debate,” although the group’s Facebook group is private.

On her social media, Lightfoot said she was a frequent face at Sunday rallies in Penticton.

“It was around this time that the truckers began their convoy and brought relief, hope and courage,” Lightfoot said in a January 2024 post. “We don’t rally anymore, but instead you’ll find many of us running for public office, homeschooling our kiddos, teaching learning pods, gathering at homes, and always staying positive in the hopes of raising our collective consciousness to the powers that are within us in creating a better world.”

A decade ago, she opposed cell towers’ electromagnetic radiation and smart meters, speaking to Summerland council about the costs of opting out of the program.

In her Civil Resolution Tribunal case, she determined that 5% of her property taxes were used to operate the facilities she was excluded from. 

“She did not provide an explanation or calculations, but… claims $300,” the Tribunal said. 

In the decision, Lightfoot said she wasn’t arguing the merits of the restrictions but instead based her claim on a breach of contract.

“Summerland had a responsibility to me, a tax-paying citizen, to find a remedy for restricting me from utilizing certain services and facilities – for whatever reason,” she said in the decision.

However, the Tribunal ruled that for a breach of contract to happen, there had to have been a contract.

“Property taxes, like other taxes, are imposed by law and not negotiated between parties. As there was no negotiation and no mutual agreement here, I find there was no contract between Ms. Lightfoot and Summerland,” the Tribunal ruled.

Ultimately, the Tribunal dismissed her case.

Lightfoot also named Summerland’s chief administrative officer, Graham Statt, in her case, but the Tribunal pointed out that municipal staff are immune from being sued in such cases.