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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.
The Court of Appeal granted leave to appeal and a partial stay in a municipal demolition-order dispute, after new evidence raised an arguable apprehension of bias.
The court found the respondent breached the building bylaw by unpermitted construction and granted prohibitory and demolition orders, with costs to the petitioner.
The court granted the District of West Vancouver an interlocutory statutory injunction enforcing a demolition order and bylaw compliance against Rosa Donna Este.
The City of Surrey sought a statutory injunction over unauthorized building work, but the court dismissed the petition because the City's evidence was inadmissible and did not prove the bylaw breaches.
The Supreme Court of British Columbia granted White Rock a statutory injunction requiring the Mashianas to remove unauthorized encroachments on City highway land.
The court ordered demolition of unauthorized structures in Surrey, finding they were built without permits, exceeded bylaw limits, and could not be retroactively legalized.
The Court of Appeal dismissed Rosa Donna Este’s appeal, upholding the District’s refusal of a building permit application not supported by all registered owners and the demolition order.
Given the full factual context — multi‑year attempts to secure remediation, previous opportunities and orders, documented serious safety risks, and the limited nature of the adjournment request — Council's refusal to grant a 60‑day adjournment was within its procedural discretion and was reasonable; no breach of procedural fairness occurred and the judicial review application is dismissed.
Source excerpt
The Court dismissed the judicial review because the PAC's Demolition Order complied with s.346(1) by specifying demolition, the Town provided the notice and opportunity to be heard required by s.346(3), and the PAC's choice of demolition was reasonable on the record and within the range of defensible outcomes.
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