Court File No.

VIC-S-S-151633

01-May-15

No.:
Victoria Registry

Victoria

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:
CITY OF LANGFORD
PLAINTIFF
AND:
PACIFIC COAST LAND COMPANY INC.
DEFENDANT
NOTICE OF CIVIL CLAIM
This action has been started by the plaintiff(s) for the relief set out in Part 2
below.
If you intend to respond to this action, you or your lawyer must
(a)

file a response to civil claim in Form 2 in the above-named registry

of this court within the time for response to civil claim described
below, and

(b)

serve a copy of the filed response to civil claim on the plaintiff.

If you intend to make a counterclaim, you or your lawyer must

(a)

file a response to civil claim in Form 2 and a counterclaim in Form 3

in the above-named registry of this court within the time for
response to civil claim described below, and

(b)

serve a copy of the filed response to civil claim and counterclaim on

the plaintiff and on any new parties named in the counterclaim.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response
to civil claim within the time for response to civil claim described below.
Time for response to civil claim
A response to civil claim must be filed and served on the plaintiff(s),
(a)

if you were served with the notice of civil claim anywhere in

Canada, within 21 days after that service,

(b)

if you were served with the notice of civil claim anywhere in the
United States of America, within 35 days after that service,

(c)

if you were served with the notice of civil claim anywhere else,
within 49 days after that service, or

(d)

if the time for response to civil claim has been set by order of the
court, within that time.

CLAIM OF THE PLAINTIFF(S)

Part 1:

STATEMENT OF FACTS

1.
The Plaintiff, City of Langford (the City), is a municipality incorporation under
the Local GovernmentAct, R.S.B.C. 1996, Chapter 323.
2.
The Defendant, Pacific Coast Land Company Inc. (the Company), is the
registered owner of lands municipally described as 2775 Spencer Road, Langford, B.C.
and legally described as: Parcel Identifier No.: 005-759-81 1, That Part of Lot B,
Section 5, Esquimalt District, Plan 7172, shown outlined in red on Plan 1658R (the
Property).

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3.
The Plaintiff has jurisdiction to regulate zoning and land use pursuant to the City
of Langford Zoning Bylaw No. 300 (the Zoning Bylaw).
4.
The Property is zoned Service Commercial (CS 1). Under section 6.45.01 of the
Zoning Bylaw, the City lists multiple uses and states that no others are permitted in the

Service Commercial (CS1) zone.

The Company has leased the Property to tenants who are using, intend to or
5.
continue to use the Property as a Private Club, Fraternal Lodge, Club or
Clubhouse. These uses are not permitted under the CS1 zone.

Fencing

6.
The City regulates fencing in all zones pursuant to section 3.21 .03 of the Zoning
Bylaw. The relevant subsections state:
3.21.03

(3)

Fences along interior side and rear lot liens (where not adjacent to
a highway) in Residential Zones shall not exceed a height of 1.8 m
(5.9 ft.);

(4)

Fences adjacent to a highway in all zones shall not exceed a height

of 1.2 m (4 ft); and

(5)

Fences adjacent to a highway shall be constructed with a

permeable style (i.e., wrought iron or picket).

7.
The Company has constructed, approved or permitted to be constructed a fence
that exceeds the height restrictions on the interior side and rear lot line as well as
adjacent to the highway on Spencer Road. The fence is painted black and is
impermeable with respect to visibility.

Building Permits

The City regulates building and construction through the City of Langford Building
8.
Bylaw No. 1160, 2008 (the Building Bylaw). The relevant sections of the Building
Bylaw state as follows:
2.1.4 No person shall construct a new building, or alter, reconstrucl,
demolish, remove, repair or relocate an existing building unless a
building permit authorizing the work has been issued, but no permit
shall be required for the replacement of roofing materials or exterior

cladding.
2.2.1 Every owner shall obtain all required permits or approvals, and pay
all fees and provide all deposits prior to the commencement of work
regulated by this bylaw.
9.
The Company has constructed, approved or permitted work, alterations,
reconstruction, and repairs to a building without having first obtained the required
permits or approvals.

10.
The City regulates signage on the Property pursuant to the City of Langford Sign
Bylaw No. 1250 (the Sign Bylaw). Section 3.(a) and (b) state as follows:
3.

General Regulations
a)

No person shall erect, place, construct, or alter any sign

without first obtaining the necessary permit, as provided
under this Bylaw.

b)

No person shall maintain or allow any sign to remain on, or

be affixed to, the lands or premises of which that person is
the owner or occupier unless a permit in respect of the sign
has been issued pursuant to this Bylaw.

11.
The Company has constructed, approved or permitted to be constructed two
large signs that state 41 on a building on the Property as well as above the fence
adjacent to Spencer Road. A permit has not been issued for the sign on the building.
The sign above the fence is not permitted.

Business License
12.
The City regulates commercial, professional, personal or other services including
Clubs pursuant to the Business License and Business Regulation Bylaw No. 21 6,
1997 (the Business License Bylaw). Section 2(a) of the Business License Bylaw
states as follows:
2.

(a)

No person shall carry on business in the District without a Business

License.
13.
The Company has approved or permitted the operation of a business, service or
Club on the Property without a business license.

Part 2:

RELIEF SOUGHT

1.
A Declaration that the Defendant Company being the owner of the Property has
contravened the City of Langford Zoning Bylaw, Building Bylaw, Sign Bylaw, and
Business License Bylaw, by using the Property as a Club, Clubhouse, Private Club, or
Fraternal Lodge, in contravention of the aforementioned Bylaws.
2.
A mandatory injunctive Order requiring the Defendant, its tenants, agents,
occupiers or anyone else having notice of this Order to remove and cease use of the
following on the Property:
(a)

a Club, Clubhouse, Private Club or Fraternal Lodge;

(b)

any construction that was done without permits;

(c)

two outdoor signs indicating 41 on the Property; and

(d)

Business Service or Club activities without a valid and subsisting Business

License.

3.
Statutory and injunctive relief pursuant to section 274 of the Community Charter,
S.B.C. 2003, Chapter 26.
4.

Interim, interlocutory and permanent injunctive relief.

5.

Costs; and

6.
Such further and other relief as this Honourable Court seems just and appropriate
in the circumstances.

Part 3:
1.

LEGAL BASIS

The Plaintiff will rely on:

(a)

City of Langford Zoning Bylaw No. 300;

(b)

City of Langford Building Bylaw No. 1160, 2008;

(c)

City of Langford Sign Bylaw No. 1250;

(d)

Business License and Business Regulation Bylaw No. 216, 1997; and

(e)

The Rules of Court and the inherent jurisdiction of the Court.

Plaintiffs(s) address for service:

Troy DeSouza
Dominion GovLaw LLP
#204 4430 Chatterton Way
Victoria, B.C. V8X 5J2
Telephone: (250) 590-1840

Fax number address for service (if any):

(250) 590-8831

Email address for service (if any):

office@govlaw.ca

Place of trial: Victoria, B.C.

The address of the registry is:

Ministry of Attorney General

Court Registry
2nd Floor, 850 Burdett Avenue
P.O. Box 9248, Stn. Prov.
Victoria, B.C. V8W 9J2

Date: May 1,2015

Lawyer for the Plaintiff

LANG 009\O1 051 5Vioticeofcivilclaim\si

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1)

Unless all parties of record consent or the court otherwise orders, each
party of record to an action must, within 35 days after the end of the
pleading period,
(a)

(b)

prepare a list of documents in Form 22 that lists

(i)

all documents that are or have been in the partys

possession or control and that could, if available, be used by
any party at trial to prove or disprove a material fact, and

(ii)

all other documents to which the party intends to refer at

trial, and

serve the list on all parties of record.

APPENDIX
[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1:

CONCISE SUMMARY OF NATURE OF CLAIM:

The Plaintiff seeks the Defendants compliance with the Zoning Bylaw, Building Bylaw,
Sign Bylaw, and Business License Bylaw.

Part 2:

THIS CLAIM ARISES FROM THE FOLLOWING:

[check one box below for the case type that best describes this case]

A personal injury arising out of:

El

a motor vehicle accident

El

medical malpractice

El

another cause

A dispute concerning:

El
El
El
El
El
El
El
El
El

contaminated sites
construction defects
real property (real estate)
personal property
the provision of goods or services or other general commercial matters
investment losses
the lending of money
an employment relationship
a will or other issues concerning the probate of an estate
a matter not listed here

Part 3:

THIS CLAIM INVOLVES:

[check all boxes below that apply to this case]

El
El
El
El
El

a class action
maritime law
aboriginal law
constitutional law
conflict of laws
none of the above

El

do not know

PART4:
Community Charter, S.B.C. 2003, Chapter 26; and
Local GovernmentAct, R.S.B.C. 1996, Chapter 323.

TD:si

AND:

CITY OF LANGFORD

PLAINTIFF

LANG 009\010515\noticeofcivHclaim

Dominion GovLaw LLP

#204 4430 Chatterton Way
Victoria, B.C. V8X 5J2
(Victoria Court Box #82)
Phone: 250.590.1840
Fax: 250.590.8831
Email: office@govlaw.ca

NOTICE OF CIVIL CLAIM

DEFENDANT

PACIFIC COAST LAND COMPANY INC.

BETWEEN:

IN THE SUPREME COURT OF BRITISH COLUMBIA

No.:
Victoria Registry