Administrative regulation – Decisions reviewed – Municipal Board – By-guidelines – Planning and zoning – Judicial evaluation – Appeals – Compliance with legislation – Conventional of evaluation – Correctness
E.Z. Automotive Ltd. v. Regina (City),  S.J. No. 328, 2021 SKCA 109, Saskatchewan Courtroom of Charm, August 12, 2021, N.W. Caldwell, B. Barrington-Foote and J.A. Tholl JJ.A.
E.Z. Automotive Ltd. (“EZ”) is the operator of two qualities in the City of Regina (the “City”) exactly where it operated an autobody fix business enterprise. EZ stored junked vehicles on its home. The Town uncovered that EZ was working a salvage yard in contravention of the Zoning Bylaw and requested EZ to stop functions.
EZ’s charm to the City’s Progress Appeals Board was dismissed with the affliction that the Metropolis specify the range of junked autos that could continue being on the properties. Both of those the Metropolis and EZ appealed the Board decision to the Planning Appeals Committee (PAC) of the Saskatchewan Municipal Board. The PAC allowed the City’s enchantment and reinstated the get with out disorders.
The courtroom established that there was an interior standard of review that engaged an evaluation of the governing laws and by conducting a whole physical exercise in statutory interpretation. Contemplating the PAC was examining the Board’s decision for mistake, the PAC fulfilled a standard appellate purpose. Therefore, issues of legislation were being evaluated on a conventional of correctness. For problem of mixed reality and law, the Courtroom held that these thoughts must be assessed by making use of a common of reasonableness.
When evaluating the PAC’s overview of the Board selection, the Court held that the PAC identified thoughts of law and appropriately applied the correctness normal in figuring out individuals solutions. Hence, the PAC did not err by making use of the mistaken conventional of overview.
On the merits, the Court docket utilized contemporary principles of statutory interpretation to conclude that the Zoning Bylaw permitted the houses to operate an autobody mend small business when preserving inventory of the parts and supplies that could be reasonably applied in the program of that business, such as some junked automobiles to use as a resource of inventory. Accordingly, the Court docket concluded that the PAC erred in legislation when it resolved that the storage of any junked motor vehicles on a assets where by an autobody maintenance shop is found constituted a salvage lawn. The Board did not err when it interpreted the Zoning Bylaw as permitting some junked autos to continue to be on the houses.
The Court docket purchased the requirement that EZ stop procedure of a storage yard be cancelled and EZ end stacking junked cars on top rated of every single other. In generating these orders, the Court docket did not locate that stacking junked motor vehicles is automatically a breach of the Zoning Bylaw. Costs have been awarded to EZ in the amount of $7,500.
This case was digested by Jackson C. Doyle, and initial posted in the LexisNexis® Harper Grey Administrative Legislation Netletter and the Harper Gray Administrative Law E-newsletter.