Summary

37262

Arthur Elgasuani v. Corporation of the Municipality of Port Hope

(Ontario) (Civil) (By Leave)

Keywords

None.

Summary

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Charter of Rights – Presumption of innocence – Municipal law – Zoning – By-laws – Applicant purchasing land subject to development freeze and erecting structure on it – Municipality ordering applicant to clear structure and debris from his property – Whether illegal municipal bylaw disregards what provincial law allows – Whether Municipality should be ordered to stop harassing applicant

In 2013, Mr. Elgasuani purchased a rural, unserviced lot in the Municipality of Port Hope that was subject to a development freeze pursuant to zoning restrictions. No buildings, structures, tents or trailers were permitted on the property. These development restrictions were registered on the title of the property at the time of purchase. Mr. Elgasuani built a two story structure on the property consisting of poles, planks, plywood and tarp. In response to a complaint, the Municipality inspected the property and issued two orders. One order was issued under the Municipality’s Property Standards By-Law and required Mr. Elgasuani to clear the property of all buildings and structures. The second, the Order to Comply, was issued under the Building Code Act, 1992, S.O. 1992, c. 23 for construction without a building permit and required all buildings be removed. No building permits were available due to the development freeze. Mr. Elgasuani’s appeal of the Property Standards Order to the Property Standard’s Committee was dismissed.

Lower Court Rulings

April 8, 2016
Ontario Superior Court of Justice

DC-14-000466-00,2016 ONSC 2282
Applicant’s appeal dismissed
August 23, 2016
Court of Appeal for Ontario

M46392
Applicant’s application for leave to appeal dismissed
 

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