Piper Morley

The applicant, Gaetano Di Blasi, sought a declaration that his property in Aurora, Ontario, was protected as an existing non-conforming use, allowing him to continue using it for outdoor storage of vehicles, machinery, equipment, business operations, storage of heavy trucks, and trailers.

The Town of Aurora opposed all uses except residential.

The court reviewed the history of zoning, prior proceedings, and the legal test for non-conforming use, ultimately finding that the relevant date for establishing legal non-conforming use was September 8, 1970, and that the applicant failed to prove the claimed uses were legal and continuous from that date.

The application was dismissed, and costs awarded to the Town.

The appellant, Gaetano Di Blasi, appealed a trial order declaring a berm he constructed to be in breach of municipal bylaw, authorizing the Regional Municipality of York to enter his property for remediation, enjoining him from interfering with water flow, and requiring him to pay damages in nuisance.

He also appealed a contempt finding and a $10,000 fine for failing to comply with a 2014 order to remove the berm.

The Court of Appeal found no error in the trial judge’s decision, upheld the findings, and dismissed the appeal, awarding $25,000 in costs to the respondent.