2 total
Appeal dismissed; minor variance for pool house setback authorized based on unrefuted expert planning evidence.
The appellant appealed a Committee of Adjustment decision granting a minor variance to reduce the interior side yard setback for an accessory structure (a pool house addition).
The applicant had constructed the addition based on an outdated survey, and a new survey revealed the setback non-compliance.
The Tribunal accepted the unrefuted expert land use planning evidence that the variance met the four tests under section 45(1) of the Planning Act.
The appeal was dismissed and the variance was authorized subject to the original conditions.
Charter Application dismissed
The applicants, John Kushimo and Shannon Pierce, sought to quash a search warrant, arguing it violated section 8 of the Charter.
The warrant was issued based on an Information to Obtain Search Telewarrant (ITO) relying on information from two confidential informants and police surveillance.
The court reviewed the facial validity of the ITO, assessing the compelling nature of the information, the credibility and reliability of the informants, and corroboration by police investigation.
Despite some weaknesses in informant credibility and the compelling nature of some information, the court found that independent police surveillance sufficiently corroborated the tips, allowing the authorizing Justice to infer that drugs were stored at the applicants' residence.
The application to quash the search warrant was dismissed.
