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POWERS OF MUNICIPALITY - Nuisances - Unsightly property

Monday, January 21, 2019 @ 10:41 AM  

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Appeal by the property owner from a decision of the Regina Appeal Board dismissing his appeal from orders requiring him to demolish a house under construction and a property line fence due to nuisance conditions existing at the properties. The appellant was in the process of constructing two homes on the lots. Construction commenced in 2013 and had not been completed. The appellant argued the Board erred in failing to observe the requirements of procedural fairness due to the lack of reasons given by the Board and failed to properly interpret the term "nuisance" in the Community Standards Bylaw.

HELD: Appeal dismissed. Procedural fairness did not require the Board to give reasons for its decision. The proceeding was not criminal or quasi-criminal in nature and was not conducted like a trial. The Board’s decision in this case was made and reasons were given in a fashion consistent with municipal decision-making bodies of the sort. On the basis of the material before the Board, the conclusion that the appellant permitted a nuisance to exist on his property in contravention of the Community Standards Bylaw was reasonable. The Board’s conclusion that a property on which there was a structure in a residential neighbourhood which had remained in an incomplete state for more than seven years was a condition that could adversely affect other people's use and enjoyment of their property or the overall amenity of the neighbourhood, was reasonable.

Egware Homes Inc. v. Regina (City), [2018] S.J. No. 462, Saskatchewan Court of Queen's Bench, J.D. Kalmakoff J., November 21, 2018. Digest No. TLD-January212019002