Law360 Canada (December 15, 2023, 7:04 AM EST) -- Appeal by Appellants from dismissal of their declaration application; application for leave to appeal issue of costs for contempt motion. The Appellants sought a declaration that they could use an irregularly shaped 1.1-hectare portion of the Property, also known as the Legal Non-Conforming Use area (LNCU), for several purposes including the outdoor storage of vehicles, machinery and equipment, and the storage of heavy trucks and shipping containers. They argued that the listed uses were LNCU under the Planning Act. The Property was zoned “agricultural” in 1984 under Oakville zoning by-law 1965-136 (By-law). Additionally, the Appellants sought leave to appeal the application judge’s decision not to award them the costs of the contempt motion on which they were successful. They further argued that the limiting provisions in s.56(1)(i) of the By-law did not apply and, in any event, were unenforceable because they were vague and unconstitutional. The issues in this appeal were whether the application judge erred in dismissing the Appellants’ declaration application and in refusing to award them costs of the Town of Milton’s (Town) dismissed contempt motion despite having been the successful party....