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.
