Cowichan Valley (Regional District) v. Stack

Cowichan Valley (Regional District) v. Stack

On the facts the respondents' operations are commercial sawmilling and not a permitted home-based business because they violate multiple specific requirements of s.5.12A (not wholly enclosed, not incidental/subservient to residential use, altered residential appearance, exterior storage, use of heavy machinery and...

Source-derived case information.

Citation
2018 BCSC 2073
Parties
Petitioner: Cowichan Valley Regional District; Respondent: Patrick Joseph Stack; Respondent: Mary Magdalen Stack; Related Entity: PM Mobile Milling Limited
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 November 2018
Procedural Posture
Petition for Statutory Injunction Under Municipal Zoning Bylaw / Judgment After Hearing (reasons for Judgment)
Outcome
Petition granted in part: declaration of contravention and mandatory injunction to cease commercial sawmilling; limited exception for non-commercial milling for on-site construction; other relief sought declined; costs awarded to petitioner on Scale B.
Legal Topics
Home Based Business, Zoning Bylaw Violation, Accessory Residential Use, Statutory Injunction, Costs
Source Language
english
Municipal Law Zoning and Land Use Nuisance Injunctions Declaratory Relief Home Based Business Zoning Bylaw Violation Accessory Residential Use +2 more

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Parties

Cowichan Valley Regional District

Petitioner

Patrick Joseph Stack

Respondent

Mary Magdalen Stack

Respondent

PM Mobile Milling Limited

Related Entity

Procedural Posture

Petition for Statutory Injunction Under Municipal Zoning Bylaw / Judgment After Hearing (reasons for Judgment)

Legal Issues

  1. 1 Whether the respondents' sawmilling operations constitute a permitted home-based business under Zoning Bylaw No. 985
  2. 2 Whether the milling activity is incidental and accessory to residential use or is a commercial use prohibited in R-2 zoning
  3. 3 Whether declaratory and injunctive relief should be granted and whether removal orders or entry-for-removal should be made

Ratio Decidendi

On the facts the respondents' operations are commercial sawmilling and not a permitted home-based business because they violate multiple specific requirements of s.5.12A (not wholly enclosed, not incidental/subservient to residential use, altered residential appearance, exterior storage, use of heavy machinery and vehicles, nuisance to neighbours, floor area exceeded, and operator not a full-time resident). Therefore the court declared the commercial sawmilling use to contravene Zoning Bylaw No. 985 and ordered respondents to cease all commercial sawmilling on the property immediately while permitting limited non-commercial milling solely for constructing or completing permitted on-site...

Court Disposition

Petition granted in part: declaration of contravention and mandatory injunction to cease commercial sawmilling; limited exception for non-commercial milling for on-site construction; other relief sought declined; costs awarded to petitioner on Scale B.

Orders

  • Declaration that respondents' use of the property for commercial sawmilling and related storage and processing of wood contravenes Zoning Bylaw No. 985
  • Order that respondents cease and desist from using or permitting the use of the property for any purpose related to commercial sawmilling immediately