The defendants were charged with zoning by-law infractions for storing cargo containers and operating a public storage facility on their properties.
The court found that the cargo containers were actively used for storage and therefore did not fall under the by-law's prohibition against 'disused' containers.
Furthermore, the defendants successfully established on a balance of probabilities that their operation of a public storage facility qualified as a legal non-conforming use, having been in continuous operation since before the relevant by-law amendments.
All charges were dismissed.
