Land Use & Zoning Research with Casey

Zoning bylaws control what uses are permitted on a property. Disputes often arise about the meaning of specific bylaw provisions, whether a proposed use falls within a permitted category, and how ambiguities should be resolved.

Casey returns decisions where courts applied principles of statutory interpretation to zoning bylaws, examining legislative intent, contextual analysis, and whether restrictive or liberal interpretation was appropriate.

Property owners who cannot comply with zoning requirements may apply for a minor variance. Courts review these decisions on appeal, applying a four-part test that examines the intent of the bylaw, the official plan, and neighbourhood impact.

Casey surfaces decisions analyzing each element of the minor variance test — general intent of the bylaw, official plan conformity, whether the variance is minor, and desirability for appropriate development of the land.

Properties with uses that predate current zoning may be protected as legal non-conforming uses. Courts examine the scope, continuity, and abandonment of these rights, which property owners may not fully understand.

Casey retrieves decisions examining how long a non-conforming use can be interrupted before rights are lost, what evidence proves continuity, and how courts distinguished between temporary cessation and permanent abandonment.

Development permit decisions can be appealed to provincial tribunals and courts. The scope of review, grounds for overturning a municipal decision, and procedural requirements vary by province and are often misunderstood.

Casey returns decisions clarifying the standard of review applied to municipal development decisions, whether deference is owed, and what procedural or substantive errors justify overturning a permit approval or refusal.

Governments can expropriate private property for public purposes, but must provide fair compensation. Courts assess market value, injurious affection, disturbance damages, and whether the taking was for a legitimate public purpose.

Casey surfaces decisions analyzing fair market value assessments, injurious affection claims, relocation costs, and how courts ensured property owners received just compensation when land was taken for infrastructure projects.

Adjacent property owners may challenge developments that affect their property values, views, or enjoyment. Courts consider whether the development complies with zoning, whether proper notice was given, and the standing of objecting neighbours.

Casey returns decisions where neighbouring property owners appealed variance approvals, examining standing requirements, what constitutes sufficient adverse impact, and how tribunals balanced competing interests of development and neighbourhood character.