City (Surrey) v. Singh

City (Surrey) v. Singh

The Owners carried out extensive unpermitted construction and converted the Residence into multiple rental suites contrary to the Building Bylaw and Zoning Bylaw, ignored stop work orders and an interlocutory injunction, and therefore the statutory injunction and remedial orders sought by the City must be granted:...

Source-derived case information.

Citation
2023 BCSC 2161
Parties
Petitioner: City of Surrey; Respondent: Sukhdev Singh; Respondent: Kashmir Singh Sahota
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 October 2023
Procedural Posture
Municipal Bylaw Enforcement Petition Under S.274 Community Charter / Hearing on Petition for Declaratory and Injunctive Relief After Interlocutory Injunction and Contempt Finding
Outcome
Petition granted in part; statutory injunctive and remedial orders issued to enforce bylaws and return property to single-family use; costs awarded to the City.
Legal Topics
Building Permits, Secondary Suites, Unpermitted Construction, Demolition Orders, Occupancy Permits, Enforcement of Zoning Bylaws
Source Language
english
Municipal Law Bylaw Enforcement Zoning and Land Use Real Property Civil Contempt Injunctions and Equitable Remedies Building Permits Secondary Suites +4 more

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Parties

City of Surrey

Petitioner

Sukhdev Singh

Respondent

Kashmir Singh Sahota

Respondent

Procedural Posture

Municipal Bylaw Enforcement Petition Under S.274 Community Charter / Hearing on Petition for Declaratory and Injunctive Relief After Interlocutory Injunction and Contempt Finding

Legal Issues

  1. 1 Whether the Owners carried out unpermitted construction contrary to the Surrey Building Bylaw
  2. 2 Whether the Owners converted a single-family dwelling into a prohibited fourplex contrary to the Zoning Bylaw
  3. 3 Whether statutory injunctive relief under s.274 of the Community Charter should be granted

Ratio Decidendi

The Owners carried out extensive unpermitted construction and converted the Residence into multiple rental suites contrary to the Building Bylaw and Zoning Bylaw, ignored stop work orders and an interlocutory injunction, and therefore the statutory injunction and remedial orders sought by the City must be granted: the Owners must apply for a demolition permit within 15 days and, within 60 days of permit issuance, demolish and remove the Addition and decommission the Secondary Suite to return the Residence to single-family use; costs awarded to the City at the ordinary scale.

Court Disposition

Petition granted in part; statutory injunctive and remedial orders issued to enforce bylaws and return property to single-family use; costs awarded to the City.

Orders

  • Order in the terms containing paras. 1-7 of the order submitted by counsel for the City.
  • Within 15 days of this order the Owners shall apply for a demolition permit.