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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.
The court rejected a late challenge to the 2006 zoning bylaw, recognized a limited prior non-conforming auto wrecking use, and granted injunctive relief in part.
Le tribunal d’appel confirme que le zonage peut régir un brise-lames: la servitude de protection contre l’érosion ne limite pas le pouvoir réglementaire local.
The court dismissed judicial review of Prince George’s refusal to issue a business licence for dog breeding, finding no procedural unfairness and a reasonable interpretation of the bylaws.
The Court of Appeal dismissed the appeal: the trial judge correctly found the appellants' activities were not lawful legal non-conforming uses under the Saint-Romuald framework; evidence of pre-injunction conduct was admissible to require prospective compliance with the 2017 site alteration by-law (para.5 upheld); para.4 (finding a 2017 breach) was set aside for lack of evidence.
Source excerpt
The Court of Appeal dismissed an appeal over a zoning bylaw, holding that the home-occupation restriction regulated land use rather than users and that the residency requirement was not met.
The court granted Delta a permanent statutory injunction against WeeMedical for operating without a business licence and in breach of zoning bylaws.
Petitioners sought judicial review of Vancouver’s approval in principle of a rezoning. The Court held the decision was legislative, reviewed for reasonableness, and dismissed the petition.
Petition challenging a school covenant, zoning definitions, a by-law amendment, development permits, and a tax exemption by-law was denied and dismissed.
The court quashed a Prince George rezoning bylaw for inconsistency with the city's Official Community Plan, but rejected the argument that it unlawfully regulated users rather than use.
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