The applicant municipality brought an application for a declaration and permanent injunction against the respondents for violating a zoning by-law by keeping multiple recreational trailers on their property for permanent residential seasonal use.
The respondents argued they had a legal non-conforming use under a previous by-law.
The court found that neither the previous nor the current zoning by-laws permitted the use of multiple recreational trailers as a main use on the property.
Finding a clear breach of the by-laws and no exceptional circumstances, the court granted the declaration and permanent injunction requiring the removal of the trailers.
