Wilson v. Jones

Wilson v. Jones

The proposed 17-unit building, containing many private residences under one roof plus communal accommodations (corridors, lockers, laundry), is in ordinary terms an apartment house and not within the by-law's permitted use of 'private residences' or 'duplex dwellings'; therefore the by-law prohibits its erection and...

Source-derived case information.

Citation
[1968] SCR 554
Parties
Defendant Appellant: Arthur D. Wilson; Plaintiff Respondent: Joan DeLancey Jones
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 April 1968
Procedural Posture
Appeal / Supreme Court of Canada Appeal From the Court of Appeal for Ontario
Outcome
Appeal dismissed
Legal Topics
By Law Interpretation, Land Use Restriction, Building Permits, Injunction
Source Language
english
Municipal Law Property Law Zoning By Law Interpretation Land Use Restriction Building Permits Injunction

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Parties

Arthur D. Wilson

Defendant Appellant

Joan DeLancey Jones

Plaintiff Respondent

Procedural Posture

Appeal / Supreme Court of Canada Appeal From the Court of Appeal for Ontario

  1. 1 Whether a building containing 17 apartments constitutes 'private residences' or is prohibited by the by-law
  2. 2 Proper standard of interpretation for land-use by-laws (ordinary/popular vs legal/technical)
  3. 3 Effect and legal significance of a building permit issued in contravention of a by-law

Ratio Decidendi

The proposed 17-unit building, containing many private residences under one roof plus communal accommodations (corridors, lockers, laundry), is in ordinary terms an apartment house and not within the by-law's permitted use of 'private residences' or 'duplex dwellings'; therefore the by-law prohibits its erection and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Injunction restraining construction to be issued as directed by the Court of Appeal