West Vancouver (District of) v. Este

West Vancouver (District of) v. Este

The District proved on a balance of probabilities that Dr. Este committed repeated contraventions of Building Bylaw No. 4400 (unpermitted construction, tampering with Stop Work Orders, obstructing inspectors and occupying without final occupancy approval). There were no exceptional circumstances to deny relief. Because the Demolition Order and related issues have been finally adjudicated on judicial review, the alleged new evidence does not raise a triable issue sufficient to convert the petition into an action or to reopen the prior determinations. Accordingly a permanent statutory injunction was warranted and granted, and the conversion and related applications were dismissed.

Citation
2026 BCSC 479
Parties
Petitioner: District of West Vancouver; Respondent: Rosa Donna Este; Respondent: Mina Esteghamat-Ardakani
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2026
Procedural Posture
Petition Under S.274 of the Community Charter for a Permanent Statutory Injunction (municipal Enforcement) / Final Judgment on Petition and Related Applications and Ancillary Applications
Outcome
Petition granted; permanent statutory injunction issued against Rosa Donna Este; costs awarded to the District; applications to convert petition to an action and to set aside the interlocutory order dismissed; application seeking to enjoin demolition dismissed; other applications adjourned or dismissed as moot as noted
Legal Topics
Community Charter S.274 Injunctions, Building Bylaws and Permits, Remedial Action Requirement (demolition), Judicial Review and Finality, Service of Process, Recusal and Apprehension of Bias, Solicitor Client Privilege, Police Enforcement Clause
Source Language
English
Municipal Law Administrative Law Property Law Civil Procedure Family Law Community Charter S.274 Injunctions Building Bylaws and Permits Remedial Action Requirement (demolition) +5 more

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Parties

District of West Vancouver

Petitioner

Rosa Donna Este

Respondent

Mina Esteghamat-Ardakani

Respondent

Procedural Posture

Petition Under S.274 of the Community Charter for a Permanent Statutory Injunction (municipal Enforcement) / Final Judgment on Petition and Related Applications and Ancillary Applications

Legal Issues

  1. 1 Whether respondent contravened Building Bylaw No. 4400 by carrying out construction or demolition without a permit
  2. 2 Whether respondent tampered with stop work orders and obstructed building inspectors
  3. 3 Whether respondent unlawfully occupied the house contrary to a No Occupancy Order

Ratio Decidendi

The District proved on a balance of probabilities that Dr. Este committed repeated contraventions of Building Bylaw No. 4400 (unpermitted construction, tampering with Stop Work Orders, obstructing inspectors and occupying without final occupancy approval). There were no exceptional circumstances to deny relief. Because the Demolition Order and related issues have been finally adjudicated on judicial review, the alleged new evidence does not raise a triable issue sufficient to convert the petition into an action or to reopen the prior determinations. Accordingly a permanent statutory injunction was warranted and granted, and the conversion and related applications were dismissed.

Court Disposition

Petition granted; permanent statutory injunction issued against Rosa Donna Este; costs awarded to the District; applications to convert petition to an action and to set aside the interlocutory order dismissed; application seeking to enjoin demolition dismissed; other applications adjourned or dismissed as moot as noted

Orders

  • Declaration that respondent Rosa Donna Este is contravening District of West Vancouver Building Bylaw No. 4400, 2004 by carrying out construction/demolition without a valid permit (s.5.1)
  • Declaration that respondent removed, defaced, obscured or tampered with Stop Work Orders (s.5.3)