The court dismissed a municipal zoning violation charge, finding the defendant established both a legal non-conforming use and a due diligence defence.
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.
City of Hamilton v. Glacier Trading Corporation, 2018 ONCJ 78
