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Judicial review of White Rock permit conditions was dismissed. The court upheld requirements to remove part of an encroaching retaining wall and to separate redevelopment from it.
The Court granted the City’s petition in part, finding Building Bylaw breaches tied to unclosed permits and unsafe excavation, and dismissed Laturnus’ petition.
The application judge's factual findings that the retaining wall encroached at most 0.74 metres and did not create a substantial interference with the dominant tenement holders' rights under the 1916 grant were supported by evidence and entitled to deference; consequently the appeal and the cross-appeal were dismissed and costs were awarded as set by the Court of Appeal.
Source excerpt
The plaintiffs alleged loss of lateral support and sought damages and a retaining wall, but the court found the unstable material was artificial fill, not natural soil.
The court held an occupancy permit could not be withheld absent evidence of health or safety non-compliance, and declined the City’s supplementary submissions.
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