The appellants appealed sentences imposed for violations of the Town of Milton zoning bylaw, specifically for operating retail sales and outdoor storage in a rural A-1 zone, and for parking oversized motor vehicles on agricultural property.
The appellants raised two grounds of appeal: that comments by the Justice of the Peace raised a reasonable apprehension of bias, and that the fines imposed were excessive.
The appeal court dismissed both grounds, finding that while certain comments were inappropriate, they did not raise a reasonable apprehension of bias when viewed in context, and that the sentences were reasonable and within the appropriate range given the regulatory nature of the offences and the need for general deterrence.
