A municipality brought an application seeking declarations and an injunction against a salvage yard operation alleged to contravene municipal zoning by-laws and site plan requirements.
The respondents argued their use complied with the zoning by-law, that it was grandfathered prior to an interim control by-law under the Planning Act, and that municipal conduct and representations created estoppel or bad faith issues requiring trial.
The court held the matter could properly be determined under Rule 14 because the material facts were not in dispute and the central issue was legal interpretation of the zoning by-law.
Interpreting the by-law purposively, the court found that a lawful salvage yard required a principal building or structure and could not operate solely as open storage on bare land without site plan approval or building permits.
The respondents’ use was therefore unlawful and could not constitute a prior legal non‑conforming use.
Allegations of municipal bad faith and estoppel were unsupported by evidence and could not defeat statutory obligations.
