Posted On: 11/08/2014 12:18:03 PM
Post# of 56323
However, In a decision called Township of Emily v. Johnson,
An Ontario Court dismissed an action brought by a
municipality against an owner of lands for an injunction to prohibit the owner from operating a go-cart track on his premises. The owner presented evidence to establish that the go-cart operation had commenced, although not yet been fully developed, as of the date of the by-law.
The Court ultimately rejected the municipality’s argument that the use made before the by-law was enacted must be the same, in nature and extent, as the existing use, stating as follows:
“… If the operation was in existence and was a bona fide one, even
though it was only ancillary in nature,
http://canadianjusticereviewboard.ca/archive-...ormity.pdf
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