The BCCA has now twice questioned whether a petitioner for judicial review can get a standalone declaration that a development would be a lawful non-comforming use: 2023 BCCA 342 at [62–65] (https://canlii.ca/t/jzttl#par62) and 2020 BCCA 101 at [90] (https://canlii.ca/t/j6bvq#par90).

Ucluelet argued that such a decision should first be made by the statutory decision-maker, not a court. But it didn't argue that a judge in general has no jurisdiction to make the declaration. #MunicipalLaw #law #britishcolumbia