Can I Expand My Grandfathered Use Or Grandfathered Building?

CW
Clark Wilson LLP

Contributor

Clark Wilson is a multifaceted law firm based in Vancouver, BC with a strong track record of being highly integrated into our clients’ businesses. Known for our industry insight, entrepreneurial culture and strategic networks, we actively seek to connect our clients with the people, resources and solutions they need to succeed.
In considering this question for a property in BC, it would be easy to read the relevant provisions (in Division 14) of the Local Government Act and conclude that what is prescribed...
Canada Real Estate and Construction
To print this article, all you need is to be registered or login on Mondaq.com.

In considering this question for a property in BC, it would be easy to read the relevant provisions (in Division 14) of the Local Government Act and conclude that what is prescribed by those provisions would be allowed, but not more. However, on careful consideration you should not stop there. The common law may apply to expand your rights (although this does not jump out from reading Division 14).

A trilogy of cases has come out of Ontario that speaks to how the common law creates grandfathering rights that are not expressly found under the Ontario Planning Act. The three decisions of Re TDLBrougham v. South Frontenac , and Fraser v. Rideau Lakes affirm and provide rights to property owners that allow them to expand or evolve the use of their grandfathered property.

Although the provisions of the Ontario Planning Act are different than the Local Government Act, it is not fully clear that the rights stated in the trilogy of decisions would not apply in BC. There are arguments to be made that the common law rights are not ousted by the legislation. Therefore, property owners may have greater grandfathering rights than initially appears and may be able to evolve the use of their property.

If this situation arises for you, you can expect that the local government will point to Division 14 and say "that's it". But if there is money at stake for your proposed use, or you really want to demolish and rebuild the family cottage, consider looking further.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Can I Expand My Grandfathered Use Or Grandfathered Building?

Canada Real Estate and Construction

Contributor

Clark Wilson is a multifaceted law firm based in Vancouver, BC with a strong track record of being highly integrated into our clients’ businesses. Known for our industry insight, entrepreneurial culture and strategic networks, we actively seek to connect our clients with the people, resources and solutions they need to succeed.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More