Scott Worsfold

The applicant sought a declaration that four of his properties, rented to groups of university students, were not being used as 'Lodging House Type 1' under the municipality's zoning by-law.

The municipality argued that because the properties were rented to five or more individuals sharing kitchen and bathroom facilities, they constituted lodging houses.

The court found that the properties functioned as single housekeeping units rented to cohesive groups under single leases, rather than individual lodging units.

The court granted the declaration and further ordered the municipality to remove unsubstantiated references to the properties as 'Possible Lodging Houses' from its public website, criticizing the municipality's use of the website to pressure landowners.

The applicant municipality sought an order of mandamus with certiorari in aid to quash a mistrial declared by a Justice of the Peace in a careless driving trial.

The respondent defendant had appeared by agent and remained outside the courtroom during the prosecution's case, prompting a nonsuit motion on the issue of identity.

The Justice of the Peace refused to allow the prosecution to file a certificate of offence to prove identity alongside viva voce evidence and declared a mistrial.

The Superior Court held that the Justice of the Peace committed a jurisdictional error by declaring a mistrial instead of ruling on the nonsuit motion, and erred in law by refusing to admit the certificate of offence.

The application was allowed, the mistrial quashed, and mandamus issued directing the trial to continue.