District of North Saanich successful in obtaining injunction against property owner for non-compliance with District Bylaws

On December 14, 2022, the District of North Saanich was successful in obtaining an injunction against the property owner of 9275 East Saanich Road to bring the property into compliance with the Single Family Residential (R-2) zone that permits one single family dwelling and one secondary suite or guest cottage. In addition to exceeding the allowance of dwellings in an R-2 zone, the required permits were not sought for renovations to the property. Prior to filing a petition with the Supreme Court of Canada in April 2022, repeated attempts were made by the District to resolve the issues with the owner.

The Court’s decision shows that the Judge agreed with the District’s arguments and case law, and the District was successful in upholding the rule of law. The injunction compels the property owner to bring the property into compliance with the District’s Zoning Bylaw. In consideration of the impact that this decision will have on the occupants currently renting the illegal suites, the justice delayed the implementation of the injunction for eight months to allow the renters time to find alternative housing.

During this time, the property owner can commence the process of obtaining the necessary permits for his choice of either legally approving the secondary suite, or legalizing the guest cottage, acknowledging that he must live on the property if he chooses to have the guest cottage inhabited. He will then be limited to the uses approved in the bylaws.

Bylaws are set by the District for the public good, and the District is fully satisfied with the Court’s decision.