What evidence is sufficient to establish a clear breach of the Fence By-law?
Ontario, Canada
The following excerpt is from Syrowik v. Wheeler, 2021 ONCA 819 (CanLII):
Based on our review of the record, the land use planner's evidence is not sufficient to establish a clear breach of the Fence By-law. As a starting point, the planner did not explain the basis for his opinion concerning the intent of the original subdivision plan relative to the Fence By-law. Nor does his opinion refer to Wheeler v. Syrowik, 2017 ONSC 2901, 67 M.P.L.R. (5th) 43 (Div. Ct.), a decision addressing the appellants' property, but which described the northern boundary of the respondents' land as a side lot line – apparently premised on an interpretation of the Zoning By-law proffered by the planner and accepted by the Chief Building Official.[3]
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