S. Lancaster

The defendants were charged with zoning by-law infractions for storing cargo containers and operating a public storage facility on their properties.

The court found that the cargo containers were actively used for storage and therefore did not fall under the by-law's prohibition against 'disused' containers.

Furthermore, the defendants successfully established on a balance of probabilities that their operation of a public storage facility qualified as a legal non-conforming use, having been in continuous operation since before the relevant by-law amendments.

All charges were dismissed.

The defendant was charged with Building Code Act and Planning Act violations for constructing an accessory structure (a shed) and a septic system without permits, and failing to comply with a previous court order to clean up his property.

The trial proceeded ex parte after the defendant failed to appear.

The court heard evidence from municipal employees regarding the unauthorized structures and the defendant's failure to remedy the violations despite multiple orders.

The court found the defendant guilty on all three counts, noting the absence of any due diligence defence.