M. V. MacLean

The defendant corporation was charged with using a property zoned for residential use as a commercial business in violation of the City of Hamilton Zoning By-law.

The court found that the defendant established a legal non-conforming use defense based on continuous commercial use since the property's original construction in the late 1940s.

The court also found ambiguity in the applicable zoning by-law as of the alleged offense date and determined the defendant acted with due diligence in responding to prior enforcement notices.

The charge was dismissed.

The complainant filed a duty of fair representation complaint against his union five years after his employment was terminated and he was subsequently rehired as a new employee, resulting in a loss of seniority.

The union and employer argued the complaint should be dismissed due to extreme delay.

The Ontario Labour Relations Board declined to inquire into the complaint under section 89 of the Labour Relations Act, finding the five-year delay to be unreasonable, unjustified, and prejudicial to the established seniority rights of other bargaining unit members.

The application was dismissed.