This appeal concerned a property zoned agricultural, where the Estate Trustees sought a declaration for legal non-conforming use for commercial purposes, including outdoor storage of vehicles and equipment.
The application judge dismissed the declaration, finding the uses were not lawful under the relevant zoning by-law.
The appellants also sought leave to appeal the application judge's refusal to award them costs for a successful contempt motion.
The Court of Appeal dismissed the appeal regarding the declaration, affirming that the commercial activities were not lawful non-conforming uses.
It also granted leave to appeal the costs issue but dismissed the appeal, upholding the application judge's discretionary decision on costs.
