City of Ottawa Zoning Bylaw Offence


Appeal Granted, Charges Dismissed.

Case Details

Christine C. was charged with running a cat breeding company without the proper permit and licensing in the City of Ottawa. Before she hired David Anber she paid a high priced civil litigation lawyer to defend her. This lawyer missed the most obvious defence that being that she was induced by a state official. A City of Ottawa official had told her she would be able to run this company out of her home despite there appearently being a zoning problem. At trial, the presiding Justice of the Peace heard the evidence and — despite the lawyer not raising the issue — on his own initiative considered the defence of officially induced error. Despite this, His Worship Justice Switzer convicted. On Appeal, Justice Coulson allowed the Appeal, set aside the conviction and entered an acquittal permitting full reliance on the error of the state.

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