Similarly, in Clark v. Kelowna (City), 2004 BCCA 271, 50 M.P.L.R. (3d) 263, the majority found that building permits should be interpreted in accordance with the zoning bylaw, and the purpose of the R‑2 zoning in that case was to restrict use to two-family dwellings. The majority stated that the building permits did not authorize what had been built, and the fact that the previous owner had rented out three units rather than two was not of any legal significance. Mr. Justice Donald observed that if the plaintiff had checked with the City, he would have been told that the third suite was not legal, and would have seen the statutory declaration of the original owners.
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