However, In a decision called Township of Emil

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