Written by litigator and mediator
Irvin Schein and originally published at
irvinschein.com.
The recent decision of the Superior Court of Ontario
in Russell v. The Corporation of the Township of
Georgian Bay provides a useful reminder of the fact
that while municipal officials sometimes appear to hold all of the
cards in disputes with home owners, that is not always the
case.
In this case, Mr. Russell owned a cottage property on the shore
of Georgian Bay. This property consisted of about 1.4 acres
of land with 170 feet of water frontage. He had a cottage
located about 4.57 metres back of the high water mark fronting on
to Georgian Bay.
He decided to build a 720 square foot workshop at the side of
his cottage, with the front of it being the same distance to the
water's edge as the existing cottage. He applied to the
town for a permit. After obtaining advice from external
counsel, the town's Chief Building Official denied his
application on the basis
