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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Surrey (City) v. Randhawa

Court

Supreme Court of British Columbia

The court held that unpermitted construction at a Surrey property breached the Building Bylaw and granted the City a statutory injunction and demolition-related orders.

• Statutory injunction
• Building permits
• Stop work order
• Compliance order
• Business records/hearsay
• Occupancy permit

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West Vancouver (District) v. Este

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed Dr. Este’s application to maintain utilities and stop demolition of her home, finding no legal basis beyond the Court of Appeal stay.

• Demolition order
• Interlocutory injunction
• Stay of proceedings
• Res judicata
• Reasonable apprehension of bias
• Building permits

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Annapolis (Municipality) v. Pereira

Court

Supreme Court of Nova Scotia

The Court accepted that an irate, contemporaneous statement by an occupier that the building was used to live in was admissible as a spontaneous utterance and, together with other evidence (respondent’s admissions about interior fittings and occupancy, photographs and video), established the structure was used or intended for human habitation; therefore a building permit was required, the stop work and do not occupy directions were valid, the respondent wilfully failed to comply with ss.8(a) and 19(1)(b) of the Act, and equitable and statutory relief was appropriate giving the respondent 30 d…

Source excerpt

• Building permits
• Accessory buildings
• Human habitation
• Inspection and entry
• Hearsay and spontaneous utterance
• Remedies and enforcement

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Fraser Valley (Regional District) v. 13HE13 Holdings Corp.

Court

Supreme Court of British Columbia

The court found the respondent breached the building bylaw by unpermitted construction and granted prohibitory and demolition orders, with costs to the petitioner.

• Building permits
• Bylaw enforcement
• Statutory injunction
• Demolition order
• Public safety
• Costs

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West Vancouver (District) v. Este

Court

Supreme Court of British Columbia

The court granted the District of West Vancouver an interlocutory statutory injunction enforcing a demolition order and bylaw compliance against Rosa Donna Este.

• Demolition order
• Building permits
• Enforcement of bylaws
• Res judicata and abuse of process
• Standing
• Statutory injunction test

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EPRF Holdings Limited v. Fergus Bloor Inc.

Court

Court of Appeal for Ontario

The motion judge correctly applied a deferential standard to mixed findings, found EPRF failed to remove an outstanding work permit by the contractual deadline thereby preventing delivery of good and marketable title and access to title insurance, and concluded respondents were entitled to terminate the APS and recover the deposit; appeal dismissed.

Source excerpt

• Deposit forfeiture
• Title defects
• Building permits
• Title insurance
• Termination of agreement of purchase and sale
• Summary judgment

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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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McKay v. 4375421 Nova Scotia Limited

Court

Nova Scotia Small Claims Court

The appeal is dismissed because the landlord demonstrated it had the necessary permits, was acting in good faith to carry out renovations already performed in other units, and vacant possession was required to undertake the contemplated work; accordingly the Director's order for termination is confirmed with a specified vacate date and statutory rent relief for three months.

Source excerpt

• Renoviction
• Vacant possession
• Good faith
• Building permits
• Compensation for termination

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Surrey (City) v. Sidhu

Court

Supreme Court of British Columbia

The court ordered demolition of unauthorized structures in Surrey, finding they were built without permits, exceeded bylaw limits, and could not be retroactively legalized.

• Bylaw enforcement
• Building permits
• Demolition order
• Occupancy permits
• Stop work orders
• Accessory building

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