Denman Island Local Trust Committee v. Ellis

Denman Island Local Trust Committee v. Ellis

The bylaw was valid because "development" in s.919.1(1)(b) encompasses future development and land alterations such as tree cutting that affect development potential; consequently the Trust Committee could require a development permit for tree removal in the Komas Bluff DPA. Section 274 of the Community Charter authorizes the court to grant mandatory remediation orders as part of enforcing bylaws. The Rule 18A summary trial and trial judge's factual findings were proper. The appeal is dismissed.

Citation
2007 BCCA 536
Parties
Respondent (plaintiff): Denman Island Local Trust Committee; Appellant (defendant): Francis Dean Ellis
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
6 November 2007
Procedural Posture
Appeal / Court of Appeal Judgment From Supreme Court (summary Trial Under Rule 18 A)
Outcome
Appeal dismissed
Legal Topics
Development Permit Areas, Statutory Interpretation, Mandatory Injunction, Bylaw Enforcement, Remediation Orders, Summary Trial (rule 18 A)
Source Language
English
Municipal Law Administrative Law Environmental Protection Property Law Civil Procedure Development Permit Areas Statutory Interpretation Mandatory Injunction +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Denman Island Local Trust Committee

Respondent (plaintiff)

Francis Dean Ellis

Appellant (defendant)

Procedural Posture

Appeal / Court of Appeal Judgment From Supreme Court (summary Trial Under Rule 18 A)

Legal Issues

  1. 1 Whether a bylaw requiring a development permit for cutting trees in a DPA designated under s.919.1(1)(b) is valid
  2. 2 Whether removal of trees constitutes or protects "development" under s.919.1(1)(b)
  3. 3 Whether s.274 of the Community Charter authorizes mandatory remediation orders to enforce bylaws

Ratio Decidendi

The bylaw was valid because "development" in s.919.1(1)(b) encompasses future development and land alterations such as tree cutting that affect development potential; consequently the Trust Committee could require a development permit for tree removal in the Komas Bluff DPA. Section 274 of the Community Charter authorizes the court to grant mandatory remediation orders as part of enforcing bylaws. The Rule 18A summary trial and trial judge's factual findings were proper. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Declaration that appellant breached Local Government Act s.920(1)(d) by altering land within the Komas Bluff Development Permit Area without a development permit
  • Permanent injunction restraining appellant from cutting trees, clearing, developing, excavating or otherwise altering portions of the lands within fifty metres of the top edge of Komas Bluff without first obtaining a development permit