Riverpark South Residents Association Inc. v. Winnipeg (City) et al., (1992) 79 Man.R.(2d) 1 (QB)

• Judge: Simonsen, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 26, 1992
• Jurisdiction: Manitoba
• Citations: (1992), 79 Man.R.(2d) 1 (QB)

Riverpark Residents v. Winnipeg (1992), 79 Man.R.(2d) 1 (QB)

MLB headnote and full text

Riverpark South Residents Association Inc. (applicant) v. The City of Winnipeg and Noel Roy and Ronita Roy (added by order) (respondents) and The Manitoba Society of Seniors Inc. (intervenor)

(Suit No. CI 91-01-56536)

Indexed As: Riverpark South Residents Association Inc. v. Winnipeg (City) et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Simonsen, J.

March 26, 1992.

Summary:

A residents' association sought to prohibit the City of Winnipeg from issuing an occu­pancy permit for the use of a property as a care home.

The Manitoba Court of Queen's Bench dismissed the application.

Civil Rights - Topic 909

Discrimination - Discriminatory laws - [See Municipal Law - Topic 3846 ].

Municipal Law - Topic 3846

Bylaws - Quashing bylaws - Grounds - Discrimination - A city zoning bylaw defined a care home and provided that a care home was a permitted use in a single-family residential zone (R1 zone) - A residents' association sought to prohibit the city from issuing a permit for a care home on the basis that the definition of care home was discriminatory and of no force and effect - The Manitoba Court of Queen's Bench declined to prohibit the permit - The definition was discriminatory and of no force and effect, but the per­mitted use of a care home in an R1 zone was not discriminatory and was not expunged from the bylaw.

Cases Noticed:

Alcoholism Foundation of Manitoba v. Winnipeg (City), [1990] 6 W.W.R. 232; 65 Man.R.(2d) 81; 69 D.L.R.(4th) 697 (C.A.), appld. [para. 6].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 15(1) [para. 8].

City of Winnipeg Bylaws, Bylaw 4440/86, generally [para. 6].

Counsel:

C.R. MacArthur, Q.C., for the applicant;

Marvin S. Samphir, for the City of Winni­peg;

Leo V. Teillet, for the respondents, Noel Roy and Ronita Roy;

Arne Peltz, for the intervenor.

This application was heard before Simon­sen, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on March 26, 1992.