MLB-Slaw Selected Case Summaries

Here you'll find weekly summaries of selected cases provided to Slaw by Maritime Law Book's National Reporter System.

Mar 6

Drummond (Village) v. Michaud 2012 NBCA 17 

Land Regulation - Land use control - Exemptions - Nonconforming use - Use not conforming to zoning bylaw - Lawful use prior to zoning

The village of Drummond applied for an order directing the Michauds to dismantle a fence that did not comply with its municipal bylaw. The Michauds relied on the principle of vested rights as a defence and argued that the erection of their cattle fence was a legal non-conforming use.

The New Brunswick Court of Queen’s Bench allowed the village’s application. The Michauds appealed.

The New Brunswick Court of Appeal allowed the appeal.

Link to PDF of complete summary

Link to full judgment