Lighthouse Niagara Resource Centre v. Niagara Falls (City)

Lighthouse Niagara Resource Centre v. Niagara Falls (City)

The emergency youth shelter, including its overnight accommodation, falls within the by-law's definition of "Community Building" because it provides social and charitable community activities encompassed by the general language of the definition; therefore it is a permitted use under the zoning by-law.

Citation
C38771
Parties
Applicant (respondent in Appeal): Lighthouse Niagara Resource Centre; Respondent (appellant): The Corporation of the City of Niagara Falls
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 September 2003
Procedural Posture
Civil (zoning/municipal) / Appeal From Superior Court Order
Outcome
Appeal dismissed; order of the applications judge upholding that the emergency youth shelter is a permitted use affirmed.
Legal Topics
Definition of Community Building, Zoning by Law Interpretation, Charitable Purpose, Permitted Uses, Emergency Youth Shelter
Source Language
English
Zoning Municipal Law Charity Law Administrative Law Civil Procedure Definition of Community Building Zoning by Law Interpretation Charitable Purpose +2 more

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Parties

Lighthouse Niagara Resource Centre

Applicant (respondent in Appeal)

The Corporation of the City of Niagara Falls

Respondent (appellant)

Procedural Posture

Civil (zoning/municipal) / Appeal From Superior Court Order

Legal Issues

  1. 1 Whether an emergency youth shelter with overnight accommodation is a "Community Building" under the city's zoning by-law
  2. 2 Whether the charitable nature of the applicant brings the proposed use within the by-law definition
  3. 3 Whether it was an injustice to the community to deny the use and whether that reasoning affected the decision

Ratio Decidendi

The emergency youth shelter, including its overnight accommodation, falls within the by-law's definition of "Community Building" because it provides social and charitable community activities encompassed by the general language of the definition; therefore it is a permitted use under the zoning by-law.

Court Disposition

Appeal dismissed; order of the applications judge upholding that the emergency youth shelter is a permitted use affirmed.

Orders

  • Appeal dismissed
  • Respondent awarded costs on a partial indemnity basis fixed at 8500 CAD including Goods and Services Tax and disbursements