The Town of New Tecumseth sought an injunction to shut down Norman Dallard's ice cream shop, "What's the Scoop," alleging multiple zoning by-law infractions related to external evidence of a home-based business and employee residency.
Dallard contended that the Town was unfairly targeting him and acting unreasonably.
The court found that the Town had established several by-law breaches, particularly concerning unapproved signage, patron-accessible patio furniture, and the business not being entirely contained within the dwelling, as well as exceeding the permitted number of non-resident employees.
However, the court rejected the Town's claim that the business had become the predominant use of the property and dismissed allegations of bad faith or unreasonable targeting by the Town.
Instead of a full injunction to shut down the business, the court ordered specific compliance measures and awarded the Town $7,500 in costs, adjourning the application sine die for future compliance issues.