The applicant sought a declaration that his property's seasonal use as a "camping and recreational compound" with a travel trailer constituted a legal non-conforming use under the Planning Act.
The respondent, an adjacent landowner, counter-applied for a declaration that the use was not lawful.
The court found the relevant zoning by-law clear and unambiguous, permitting only "park" or "open pavilion" uses in the "Hazard Land Zone" thereby prohibiting the applicant's recreational vehicle use.
The applicant failed to establish a legal non-conforming use or that the municipality was estopped from enforcing the by-law due to "officially induced error" as the municipal officials who provided advice lacked the authority to bind the municipality on zoning matters.
The application was dismissed, and the counter-application was granted.
