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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether a building containing 17 apartments constitutes 'private residences' or is prohibited by the by-law
- 2 Proper standard of interpretation for land-use by-laws (ordinary/popular vs legal/technical)
- 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
Full Case Text
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