Krystin Fitzgerald

The prosecution alleged that the defendant parked a trailer on a vacant lot, erected a cabin before establishing a permitted primary use, and placed that cabin within the minimum water setback contrary to municipal zoning requirements.

After denying an adjournment request by the self-represented defendant, the court qualified a municipal planning official as an expert under Mohan and accepted her opinion that the cabin was an impermissible standalone accessory use and was sited within the restricted setback.

Applying the W.(D.) framework, the court found the defendant's evidence did not raise a reasonable doubt and rejected mistake-of-law style explanations.

Count 4 respecting road access was dismissed for failure to establish a prima facia case, but counts 1 to 3 were proven beyond a reasonable doubt.

After finding the defendant guilty at trial of three municipal zoning and planning offences arising from a trailer and cabin on a vacant rural residential property, the court proceeded immediately to sentence.

Applying regulatory sentencing principles that prioritize general deterrence, specific deterrence, public protection, and proportionality, the court rejected the defendant's request for a nominal fine tied to historical development fees.

The court treated the deliberate non-compliance, including continued non-compliance after an order to come into compliance, as aggravating, while recognizing the absence of a prior record as mitigating.

The defendant was fined $5,000 on each count and a prohibitory order was made under s. 67(3) of the Planning Act effective June 30, 2025.