Sunshine Coast (Regional District) v. Vanderhaeghe
The Sunshine Coast Regional District
Lorna Vanderhaeghe
Law Firm / Organization
Eyford Partners LLP

Background to Appeal: The case "Sunshine Coast (Regional District) v. Vanderhaeghe" involved a dispute over the redevelopment of Lorna Vanderhaeghe's property in the Sunshine Coast Regional District. The issue arose when the District issued a stop-work order after previously granting permits for construction within a 9.5-meter setback from a lake, contrary to the 20-meter setback required by bylaws.

Legal Arguments/Issues: Lorna Vanderhaeghe filed for judicial review, arguing her new dwelling complied with the permits and bylaws. The District sought an order for Vanderhaeghe to bring the property into compliance with the 20-meter setback requirement. The primary legal issues involved the interpretation and enforcement of zoning bylaws and procedural fairness in the permitting process.

Positions of the Parties: The District argued the redevelopment violated setback requirements and procedural rules. Vanderhaeghe contended her construction was legally conforming per the permits issued. Neighbors, Dr. Martin Aidelbaum and Barbara Aidelbaum, sought to join the appeal, claiming their property value and privacy were affected, but were denied as they had no legal, financial, or reputational interests directly impacted.

Decision: The court dismissed the Aidelbaums' application to be added as respondents, ruling they had no significant legal interest. The District's appeal was ongoing, with the initial judgment favoring Vanderhaeghe, declaring the new dwelling legally conforming and the stop-work order unreasonable.

Costs/Award: The court ordered the Aidelbaums' application be dismissed with costs, although the specific amount awarded to Vanderhaeghe was not detailed.

Court of Appeals for British Columbia
CA48748; CA48749
Real estate
Respondent