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The City of Nanaimo’s contempt application was dismissed. The court found paragraph 3 of the earlier order was not clear enough and, in any event, Mr. Bernier took reasonable steps to comply.
The Court of Appeal dismissed Surrey’s appeal, holding that officials’ evidence based on unidentified City records was hearsay and that no adjournment was warranted.
The court granted a statutory injunction for zoning and building bylaw breaches on the property, but suspended part of it for eight months to reduce tenant hardship.
La Cour suprême de la Colombie-Britannique a jugé raisonnables la suspension des permis et l’exigence d’une nouvelle demande, et a rejeté la demande de mandamus.
La Corte de Apelación de Columbia Británica confirmó que era irrazonable otorgar un permiso de construcción para un edificio diseñado en contravención de la Architects Act.
The Court of Appeal upheld Burnaby’s refusal of preliminary plan approval, finding the pizza oven, patio structure, and donor parking issues were reasonably relied on.
The court clarified its reasons in a statutory building scheme dispute, correcting a statement about the plaintiff’s position while leaving the trial result unchanged.
The court held that excavation, structural fill, and preloading on the building footprint were “construction” under Richmond’s bylaw, so the permits did not expire.
The Court quashed Richmond’s decision that the petitioners’ permits had expired, holding that soil densification and preloading counted as construction under the bylaw.
The Registrar's motion to dismiss was granted because the appellant failed to perfect the appeal by the prescribed deadline, did not provide a credible or evidenced explanation for the default, failed to demonstrate arguable grounds or an intention and ability to comply with future directions, and dismissal was justified in the court's discretion; costs were refused.
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