Tkachuk v. Ladco Co. and Borger Industries Ltd., (1980) 4 Man.R.(2d) 151 (CA)

• Judge: Hall, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 28, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 4 Man.R.(2d) 151 (CA)

Tkachuk v. Ladco Co. (1980), 4 Man.R.(2d) 151 (CA)

MLB headnote and full text

Tkachuk v. Ladco Co. Ltd. and Borger Industries Ltd.

Indexed As: Tkachuk v. Ladco Co. and Borger Industries Ltd.

Manitoba Court of Appeal

Hall, Matas and Huband, JJ.A.

April 28, 1980.

Summary:

This case arose out of a charge against a paving firm of manufacturing asphalt contrary to the applicable zoning bylaw. The trial judge convicted the accused and imposed a fine of $2,500.00. The accused appealed to the County Court.

The Manitoba County Court quashed the conviction and sentence of the accused. The informant appealed to the Manitoba Court of Appeal.

The Manitoba Court of Appeal allowed the appeal, set aside the judgment of the County Court and restored the conviction against the accused but reduced the fine to $1.00.

Hall, J.A., dissenting, in the Manitoba Court of Appeal, would have dismissed the appeal on the ground that the accused was not engaged in the manufacture of asphalt.

An application for leave to appeal to the Supreme Court of Canada was dismissed by Martland, Ritchie and Lamer, JJ., on June 16, 1980 - see Bulletin of Proceedings taken in the Supreme Court of Canada dated June 20, 1980, at p. 13.

Land Regulation - Topic 2601

Land use control - Zoning bylaws - Interpretation of zoning bylaws - The Manitoba Court of Appeal stated that the words of a zoning bylaw should not be given a narrow technical meaning but should be given a meaning understood by the general public - See paragraphs 17 to 19.

Words and Phrases

Asphalt - The Manitoba Court of Appeal discussed the meaning of the word "asphalt" as found in the phrase "asphalt manufacture" in a zoning bylaw.

Authors and Works Noticed:

Oxford English Dictionary [para. 16].

Counsel:

D.G. Newman and B.M. Corrin, for the informant/appellant;

R.A.L. Nugent, Q.C. and R.J.M. Atkins, for the respondents/respondents.

This appeal was heard by HALL, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal on March 13, 1980.

The judgment of the Court of Appeal was delivered on April 28, 1980, and the following opinions were filed:

HUBAND, J.A. - see paragraphs 1 to 25;

HALL, J.A., dissenting - see paragraphs 26 to 37.

MATAS, J.A., concurred with HUBAND, J.A.