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The court dismissed a statutory appeal and petition challenging a restrictive covenant tied to subdivision approval and rental housing conditions.
The Federal Court held adjacent landowners had no statutory or common-law right to participate in a medical marijuana licensing process, and dismissed the judicial review.
The court struck pleadings attacking Bylaw No. 111 as barred by res judicata and issue estoppel, but allowed leave to amend tort claims in negligence, nuisance, and misfeasance in public office.
The plaintiffâs claims against the Islands Trust and its trustees were dismissed after the court found no misfeasance, negligence, breach of trust, mental distress, or basis for punitive damages.
The Court upheld the trial judge: respondents, as neighbouring owners, had standing; their delay was reasonably explained and did not bar relief; the development officer exceeded jurisdiction because s.19(b) of ByâLaw Câ357 requires that inability to increase a lot's size be caused by adjacent buildings or other physical impediments (physical features), not merely ownership of adjacent lots, therefore the permits and the officer's decision were properly quashed and the mandatory injunction upheld.
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