Canada Case Law

Geddert v. Fraser Valley (Regional District)

Court

Supreme Court of British Columbia

The Adjudicator's factual finding that the object was a structure was reasonable on the evidence (photographs, site inspection, communications) and thus governed by the FVRD Building and Zoning Bylaws; references to the Motor Vehicle Act were contextual to the petitioner's trailer argument and did not vitiate jurisdiction; the contravention was continuing so BENs were timely; the adjudicative process was not procedurally unfair; mandamus was unavailable because the petitioner did not identify a specific statutory duty or provide the necessary permit application to compel issuance.

Source excerpt

• Standard of review
• Reasonableness
• Mandamus
• Limitation period
• Procedural fairness
• Building permits

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Langford (City) v. Leppan

Court

Supreme Court of British Columbia

The court found on the totality of the evidence that occupier Darcy Jovic knew of and permitted the ongoing storage, repair and sale of third‑party and unlicensed vehicles at 2616 Viola Place in breach of the Zoning Bylaw; because a bylaw breach was established the court granted declaratory relief and a statutory injunction to prevent future contraventions, but declined to order Jovic to obtain a business licence due to insufficient evidence of his direct commercial operation.

Source excerpt

• Statutory injunction
• Zoning bylaw contravention
• Vehicle storage
• Home occupation restrictions
• Business licensing
• Declaratory relief

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Madi v. North Vancouver (District)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mr. Madi’s appeal from a judicial review dismissal concerning an “Aggressive Dog” designation under a municipal bylaw.

• Reasonableness review
• Procedural fairness
• Aggressive dog designation
• Judicial review standards
• Evidence and hearsay
• Reasonableness-review

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Fraser–Fort George (Regional District) v. Stander

Court

Supreme Court of British Columbia

The court found the defendant’s property use breached zoning and unsightly-premises bylaws and granted declarations, injunctions, removal powers, and costs.

• Zoning
• Unsightly premises
• Statutory injunction
• Mandatory injunction
• Agricultural land commission act
• Unsightly-premises

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Madi v. North Vancouver (District)

Court

Supreme Court of British Columbia

Judicial review of an aggressive-dog designation was dismissed. The Court found the District’s decisions reasonable and the process procedurally fair.

• Aggressive dog designation
• Procedural fairness in administrative decisions
• Standard of review (vavilov)
• Evidentiary reliance on hearsay
• Bylaw interpretation
• Administrative-law

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Pringle v. Peace River (Regional District)

Court

British Columbia Court of Appeal

Appeal dismissed. The Court held the adjudicator erred in cancelling a zoning bylaw notice based on remedial efforts and an incorrect view of the zoning status.

• Judicial review
• Standard of review
• Jurisdiction
• Zoning
• Agricultural land reserve
• Absolute liability

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Osoyoos (Town) v. Bloom

Court

Supreme Court of British Columbia

The court found the Blooms breached multiple Osoyoos bylaws by continuing construction and occupying a property without a valid permit or occupancy approval.

• Injunction
• Building permits
• Occupancy permits
• Remedial action requirement
• Unsightly premises
• Water and sewer charges

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Port Coquitlam (City) v. Ground X Site Services Ltd.

Court

Supreme Court of British Columbia

La Corte rechazó una solicitud de desacato civil contra Ground X porque el mandamiento no era lo bastante claro y la empresa había intentado resolver el problema con la Ciudad.

• Injunction
• Civil contempt
• Order interpretation
• Municipal soil bylaw
• Enforcement discretion
• Costs

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R. v. Reid

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed Vancouver’s appeal, upholding Arielle Reid’s acquittal on a bylaw charge involving guinea fowls kept as pets.

• Strict liability offences
• Interpretation of ambiguous bylaws
• Definition and classification of animals (poultry/fowl)
• Burden of proof on prosecutor
• Appeals from acquittal
• Remedial vs penal construction

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Sisett v. Central Okanagan (Regional District)

Court

Supreme Court of British Columbia

The court upheld most bylaw sentence orders against Ian Sisett, but reduced the Regional District’s prosecution costs from $7,000 to $2,500.

• Dangerous dog designation
• Bylaw compliance and enforcement
• Search and seizure
• Charter s.24 remedies
• Costs of prosecution
• Restitution

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