The City of Toronto charged Islington Lakeshore Mall Inc. and 1767734 Ontario Inc. with zoning bylaw violations under the Etobicoke Zoning Code and the Planning Act, specifically concerning outdoor storage of scrap metal, used parts, and inoperative/derelict vehicles exceeding 10% of the lot area at two properties.
The defendants argued that a newer city-wide bylaw applied and that they had a legal nonconforming use defence, citing ongoing cleanup efforts and personal hardships.
The court found the Etobicoke Zoning Code was still in effect, the actus reus of the offences was proven beyond a reasonable doubt, and the defendants failed to establish a due diligence defence or a legal nonconforming use defence.
The defendants were found guilty on all counts.
