The appellants appealed their conviction under the Township of Mulmur's planning bylaw for using an unpermitted cabin structure on their rural property.
The appellants argued that the prosecution failed to prove they actually used the structure on the specific date alleged (December 6, 2017).
The court upheld the conviction, holding that "use" under the bylaw's definition encompasses land use generally, not merely active use on a specific date.
The bylaw's definition of "use" includes any purpose for which a building may be designed, arranged, intended, maintained, or occupied, and the evidence established the cabin was intended and maintained for residential use, constituting a violation of the zoning bylaw regardless of whether the appellants were physically present on the alleged date.
