Chris Young

The appellants appealed the refusal of the Chief Building Official to issue building permits for lots created by a testamentary devise.

The municipality refused the permits because the lots did not front onto an improved street as required by the zoning by-law.

The appellants proposed creating internal roadways owned by the lot owners to connect to public streets.

The court held that this proposal did not satisfy the by-law's requirement that the lots themselves front upon an improved street, and dismissed the appeals.

Following a motion concerning the appropriate income to be used in calculating child support, both parties sought costs.

The dispute arose from the payor’s claim that his present income had decreased and should be used instead of prior income, which would have produced significant arrears.

The court accepted the payor’s position on a temporary basis pending a further review of child support.

Although the issue was important and the argument somewhat novel, the payor was successful on the interim motion.

The court therefore awarded the successful party partial costs reflecting the short duration and limited scope of the motion.