The appellant municipality appealed the acquittal of the respondents on a charge of breaching a zoning by-law by storing used tires on their agricultural property.
The lower courts acquitted the respondents on the basis that the tires were intended to be used as building material for fences.
The Court of Appeal allowed the appeal, finding that the accumulation of thousands of tires over a three-month period constituted 'storage' in contravention of the by-law, regardless of the eventual intended use.
The acquittals were set aside, convictions entered, and nominal fines imposed.
