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The court held that shoreline and riparian works on the property were new construction, not exempt repairs, and required development and building permits.
The court partly allowed Licon Construction Ltd.âs sentence appeal, reducing by-law fines from $43,000 to $33,000 after finding sentencing errors in principle.
Appeals dismissed. The trial judgeâs causation findings are sustained: notwithstanding her verbal invocation of the material contribution test, her findings establish butâfor causation that appellantsâ negligent failures to identify, tag and prevent supply to a nonâcompliant indoor tank installed outdoors caused the spill; Ultramar and Kilpatrick were negligent; respondents found 40% contributorily negligent; Ultramar held 60% liable and entitled to recover half from Kilpatrick; damages awarded include $750,000 subrogated payment and modest nonâpecuniary awards; lost rental claim dismissed.
Source excerpt
The Court of Appeal upheld a bylaw requiring a development permit for tree cutting in a hazardous area and confirmed that mandatory remediation orders can enforce bylaws.
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