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.
