Can a building inspector be found in breach of a zoning bylaw to allow for the construction of habitable rooms in a crawl space in contravention of the Building Code?

Accepting that I have a limited discretion, the petitioner has referred me to the decision of L. Smith J. in Corporation of the Township of Esquimalt v. Crosson, 2010 BCSC 1490, where the local government sought a declaration that the respondents were in breach of a zoning bylaw. In response to the argument that the secondary suite was permitted by the building inspector, the court held that, even if the construction was authorized by the building inspector, the building inspector had no authority to make ad hoc amendments to the zoning bylaws. Likewise, in my view, the building inspector here does not and did not have authority to waive provisions of the building code to allow for the construction of habitable rooms in a crawl space in contravention of the Building Code and without a building permit. By saying that I am not suggesting that I am persuaded that there was any waiver here, which is a credibility issue not necessarily amenable to resolution on a petition.