Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40962
Onni Wyndansea Holdings Ltd. v. District of Ucluelet and Nicholas Henderson in his capacity as Building Official
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-10 | Close file on Leave | |
| 2025-02-07 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-02-07 | Certificate of taxation issued to, Guy W. Patteson | |
| 2025-02-07 | Decision on the bill of costs, in the amount of: $1,117.87, Reg | |
| 2025-02-07 | Submission of the bill of costs, Reg | |
| 2024-11-04 | Bill of costs, Completed on: 2024-11-13 | District of Ucluelet and Nicholas Henderson in his capacity as Building Official |
| 2024-05-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-02 | Judgment on leave sent to the parties | |
| 2024-05-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48689, 2023 BCCA 342, dated August 25, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-03-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-06 | Correspondence received from, Indicating that the applicant will not file a reply | Onni Wyndansea Holdings Ltd. |
| 2023-11-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-27) | District of Ucluelet and Nicholas Henderson in his capacity as Building Official |
| 2023-11-27 | Notice of name, (Letter Form), (Printed version filed on 2023-11-27) | District of Ucluelet and Nicholas Henderson in his capacity as Building Official |
| 2023-11-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-11-27, (Printed version filed on 2023-11-27) | District of Ucluelet and Nicholas Henderson in his capacity as Building Official |
| 2023-11-03 | Supplemental document, (Letter Form), CA Orders | Onni Wyndansea Holdings Ltd. |
| 2023-10-26 | Supplemental document, (Letter Form), CA Order Form, (Printed version due on 2023-11-02) | Onni Wyndansea Holdings Ltd. |
| 2023-10-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2023-10-24 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2023-10-31) | Onni Wyndansea Holdings Ltd. |
| 2023-10-24 | Notice of name, (Letter Form), (Printed version due on 2023-10-31) | Onni Wyndansea Holdings Ltd. |
| 2023-10-24 |
Application for leave to appeal, (Book Form), Missing: - CA Orders (Rec'd 2023-11-03) - Filing fee (Rec'd 2023-10-26), Completed on: 2023-11-03, (Printed version filed on 2023-10-24) |
Onni Wyndansea Holdings Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Onni Wyndansea Holdings Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| District of Ucluelet and Nicholas Henderson in his capacity as Building Official | Respondent | Active |
Counsel
Party: Onni Wyndansea Holdings Ltd.
Counsel
Ryan W. Parsons
1744-1055 Dunsmuir Street
Vancouver, British Columbia
V7X 1L2
Telephone: (604) 899-5232
FAX: (604) 899-5216
Email: nbaker@eyfordpartners.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: District of Ucluelet and Nicholas Henderson in his capacity as Building Official
Counsel
Elizabeth A. Anderson
1616-808 Nelson Street
Box 12147 - Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-7400 Ext: 222
FAX: (604) 689-3444
Email: patterson@younganderson.ca
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Municipal law — Bylaws — Zoning — Lawful non-conforming use — Does the legal description of the lots in a progressive land development following subdivision delimit the extent of an owner’s rights under the doctrine of lawful non-conforming use?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2021, the respondent, District of Ucluelet, adopted bylaws that downzoned land owned by the applicant, Onni Wyndansea Holdings Ltd. The bylaws, which revered the land to a rural zoning, impeded the applicant from carrying out a proposed subdivision development project. The applicant filed a petition in the British Columbia Supreme Court seeking an order quashing the bylaws. Alternatively, the applicant sought a declaration that its proposed use of the land is a lawful non-conforming use within the meaning of s. 528 of the Local Government Act, R.S.B.C. 2015, c. 1, and therefore protected from the effect of the rezoning. The chambers judge declined to grant either form of relief, and dismissed the petition. The British Columbia Court of Appeal dismissed the applicant’s appeal. It concluded that the chambers judge made no error in her factual conclusion that the bylaws were not enacted in bad faith or for an improper purpose. The chambers judge also did not err in law or fact in concluding that the applicant did not establish a lawful non-confirming use.
Lower court rulings
Supreme Court of British Columbia
S2110321
Petition dismissed
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 342, CA48689
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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