The plaintiff property owner sought declarations that her building was originally constructed as two semi-detached units or, alternatively, that she was entitled to four residential units based on a legal non-conforming use.
The municipality had placed a stop-work order on her renovations.
Relying on expert architectural and engineering evidence, the court found the building was originally constructed in 1906 as a single-family dwelling with internal access between areas.
The court also found no evidence that the building ever contained four residential units prior to the 1977 zoning by-laws.
The requested declarations were dismissed.
