Parksville (City of) v. Rascal Trucking Ltd.

Parksville (City of) v. Rascal Trucking Ltd.

The respondent's use of the Property for rental RV pads and multiple structures erected or altered without required building permits and development permits violated the City's Zoning, Building and OCP bylaws; the respondent failed to prove a lawful prior non-conforming use or applicable exemptions; accordingly the City is entitled to the declaratory relief, mandatory deadlines for permit applications, removal orders if permits are not obtained, appraisals and costs as specified in the judgment.

Citation
2015 BCSC 2630
Parties
Petitioner: City of Parksville; Respondent: Rascal Trucking Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 July 2015
Procedural Posture
Bylaw Enforcement (s.274 Community Charter) / Petition for Declaratory and Injunctive Relief; Oral Reasons for Judgment (decision)
Outcome
Petition granted in part; declarations and mandatory orders issued against respondent; costs awarded to petitioner
Legal Topics
Development Permits, Zoning, Building Permits, Non Conforming Use, Statutory Injunctions, Remedies and Costs
Source Language
English
Municipal Law Planning and Zoning Property Law Administrative Law Building Regulation Development Permits Zoning Building Permits +3 more

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Parties

City of Parksville

Petitioner

Rascal Trucking Ltd.

Respondent

Procedural Posture

Bylaw Enforcement (s.274 Community Charter) / Petition for Declaratory and Injunctive Relief; Oral Reasons for Judgment (decision)

Legal Issues

  1. 1 Whether respondent's use of property as RV rental pads contravened zoning bylaw
  2. 2 Whether various structures were erected or altered without required building permits
  3. 3 Whether development permits were required for structures within designated Development Permit Areas

Ratio Decidendi

The respondent's use of the Property for rental RV pads and multiple structures erected or altered without required building permits and development permits violated the City's Zoning, Building and OCP bylaws; the respondent failed to prove a lawful prior non-conforming use or applicable exemptions; accordingly the City is entitled to the declaratory relief, mandatory deadlines for permit applications, removal orders if permits are not obtained, appraisals and costs as specified in the judgment.

Court Disposition

Petition granted in part; declarations and mandatory orders issued against respondent; costs awarded to petitioner

Orders

  • Declaration that respondent's use of the Property for rental RV pads is not a permitted use under Zoning Bylaw and contravenes sections 206.1 and 206.2 (paragraph 7 of draft order)
  • Declaration that specified structures (Office Building, Pole Structure, Storage Building, Lock-Block Building, Shop/Lean-To, Office Addition, Coffee Roasting Building) were erected or altered without required building permits and contravene Building Bylaw (paragraphs 1-4 of draft order as granted)