The appellant municipality appealed a declaration that the respondent's proposed emergency youth shelter was a permitted use under the city's zoning by-law.
The applications judge found the shelter fell within the definition of a 'Community Building' because it provided social and charitable community activities.
The Court of Appeal dismissed the appeal, holding that the provision of sleeping accommodation alongside other services constituted a community activity, and the shelter's operations fell squarely within the charitable purposes contemplated by the by-law.
