An Ontario Justice of the Peace says a two-letter typo is what led to some alleged zoning bylaw violations being dismissed against three people in Caledon, Ont., reports Blacklock’s Reporter.
Richard Quon ruled the typo in the bylaw — it was likely supposed to read ‘person’ but read ‘personal’ instead — made it nonsensical.
The regulation states: “No personal shall within any environmental policy area zone use any land or erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted.”
Quon wrote while it was possible “no personal” meant “no person” it was not up to him to correct the town’s mistakes.
“Substituting the word ‘personal’ with the word ‘person,’ if that were indeed the intention of the council of the Town of Caledon for that provision, would in effect be rewriting or redrafting section 11.1 which would be properly the jurisdiction of the Town of Caledon to do,” he wrote.
He said the right of the court to correct drafting errors was “legally uncertain,” as there was neither a certified paper copy of the bylaw nor any transcription of Caledon Council proceedings to explain council had in mind.
“It should be rightly left for the Town of Caledon to amend and correct their defective bylaw,” said Quon in his ruling.
Three defendants had been facing charges of breaching section 11.1 of the Town of Caledon zoning bylaw dating back to 2020.
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