Faro (Town) v. Knapp et al., 2012 YKCA 13

JudgeHinkson, J.A.
CourtCourt of Appeal (Yukon Territory)
Case DateNovember 08, 2012
JurisdictionYukon
Citations2012 YKCA 13;(2012), 331 B.C.A.C. 224 (YukCA)

Faro v. Knapp (2012), 331 B.C.A.C. 224 (YukCA);

    565 W.A.C. 224

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. JA.005

Town of Faro (respondent/petitioner) v. Angelika Knapp dba A. Knapp Accounting Services and North Star Adventures, a partnership between Angelika Knapp and Eric Dufresne, Angelika Knapp and Eric Dufresne (appellants/respondents)

(11-YU681; 2012 YKCA 13)

Indexed As: Faro (Town) v. Knapp et al.

Yukon Court of Appeal

Hinkson, J.A.

December 27, 2012.

Summary:

Knapp and Dufresne (the petitioners), who operated a wilderness tourism business (North Star Adventures) from their property in the Town of Faro which was zoned as "Hinterland", were denied a business licence and a development permit, because they resided on the property. Residential use was said by the Town to be outside the permitted uses for property zoned as "Hinterland". The petitioners filed a petition challenging the decisions and actions taken by the Town and sought declaratory relief.

The Yukon Supreme Court, in a decision reported [2009] Yukon Cases Uned. (SC) 34, dismissed the applications for declarations. The petitioners appealed.

The Yukon Court of Appeal, in a decision reported (2010), 291 B.C.A.C. 224; 492 W.A.C. 224, dismissed the appeal. The Town then applied for a permanent injunction to prevent the petitioners from using and occupying the property as a full-time residence.

The Yukon Supreme Court, in a decision reported [2011] Yukon Cases Uned. (SC) 43, allowed the Town's injunction application. The petitioners filed a notice of appeal, but there was a delay in filing the appeal books. Ultimately, the appeal was placed on the inactive list. The petitioners applied, inter alia, to have their appeal reactivated.

The Yukon Court of Appeal, per Hinkson, J.A., dismissed the applications.

Practice - Topic 8907

Appeals - Procedure - Restoring appeal to general list - The appellants filed a notice of appeal, but there was a delay of approximately a year in filing appeal books, resulting in the appeal being placed on the inactive list - The appellants sought to have their appeal reactivated - The Yukon Court of Appeal, per Hinkson, J.A., refused to restore the appeal to the active list - Hinkson, J.A., noted, inter alia, that the petitioners had taken no steps to prosecute their appeal, there was no compelling explanation for the delay and the appeal had no likelihood of success - The appellants were unable to establish a good reason for reactivating the appeal.

Cases Noticed:

Murphy v. Wynne et al. (2008), 250 B.C.A.C. 249; 416 W.A.C. 249; 2008 BCCA 26, refd to. [para. 25].

Counsel:

The appellants appeared in person;

R.G. Macdonald, Q.C., for the respondent.

This matter was heard in chambers in Whitehorse, Yukon, on November 8, 2012, before Hinkson, J.A., of the Yukon Court of Appeal, who delivered the following decision in Vancouver, B.C., on December 27, 2012.

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2 practice notes
  • Jalava v. Webster et al., 2016 BCCA 383
    • Canada
    • Court of Appeal (British Columbia)
    • September 19, 2016
    ...must still have an acceptable explanation for the delay and establish a good reason for reactivating the appeal: Faro (Town) v. Knapp , 2012 YKCA 13 (Chambers), Hinkson J.A. at paras. 48-52. Discussion [12] Mr. Jalava filed his notice of appeal within the thirty-day time period, evincing an......
  • M.P.W. v Victoria (City),
    • Canada
    • Court of Appeal (British Columbia)
    • January 12, 2023
    ...their appeal and provide a good reason for reinstatement: Berg v. Berg, 2000 BCCA 574 at para. 19 (Chambers); Faro (Town) v. Knapp, 2012 YKCA 13 at para. 52 Application of Legal Principles 38 It is indisputable that this appeal has involved substantial delay. Justice Fisher made note of thi......
2 cases
  • Jalava v. Webster et al., 2016 BCCA 383
    • Canada
    • Court of Appeal (British Columbia)
    • September 19, 2016
    ...must still have an acceptable explanation for the delay and establish a good reason for reactivating the appeal: Faro (Town) v. Knapp , 2012 YKCA 13 (Chambers), Hinkson J.A. at paras. 48-52. Discussion [12] Mr. Jalava filed his notice of appeal within the thirty-day time period, evincing an......
  • M.P.W. v Victoria (City),
    • Canada
    • Court of Appeal (British Columbia)
    • January 12, 2023
    ...their appeal and provide a good reason for reinstatement: Berg v. Berg, 2000 BCCA 574 at para. 19 (Chambers); Faro (Town) v. Knapp, 2012 YKCA 13 at para. 52 Application of Legal Principles 38 It is indisputable that this appeal has involved substantial delay. Justice Fisher made note of thi......

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