K. Stavrakos

The court determined costs following the dismissal of the applicants' application regarding legal non-conforming use of their property and the dismissal of the respondent's contempt motion.

The respondent sought over $230,000 in costs, while the applicants sought costs for the contempt motion.

The court declined to award costs to either party for the contempt motion.

For the application, the court awarded the respondent partial indemnity costs fixed at $150,000, finding the requested amount too high but acknowledging the respondent's complete success.

The applicants sought a declaration of a legal non-conforming use for outdoor storage and business operations on their property, arguing the use was lawful under a 1984 zoning by-law.

The court dismissed the application, finding the use was not lawful under the by-law as it was not a home-based business occupying less than 25% of the floor area and involved the prohibited storage of goods.

The respondent municipality brought a motion for civil contempt against the applicants for breaching a 1994 order prohibiting the dumping of fill on the property.

The court dismissed the contempt motion, exercising its discretion not to make a finding of contempt because the applicants genuinely believed the fill was being offered by the municipality for a road project.

The applicants sought a declaration of a legal non-conforming use for outdoor storage and business operations on their property, arguing the use was lawful under a 1984 zoning by-law.

The court dismissed the application, finding the use was not lawful under the by-law as it was not a home-based business occupying less than 25% of the floor area and involved the prohibited storage of goods.

The respondent municipality brought a motion for civil contempt against the applicants for breaching a 1994 order prohibiting the dumping of fill on the property.

The court dismissed the contempt motion, exercising its discretion not to make a finding of contempt because the applicants genuinely believed the fill was being offered by the municipality for a road project.