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PLAN 343 (21)

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PLAN 343
Maria Lynn Freeland

VARIANCE, n. 1. Permission to contravene a by law to permit development of certain land which does not meet criteria prescribed in fee bylaw. 2. A doc ^ , ument wim^ut precedential value issued, for an in ^ u dividual circumstance on a single occasion, by a safety officer or safety manager allowing (a) a devi ation from the application of an enactment, or (b) a use, other than the standard use, of aregulated product , v if the proposed use is not specifically prohibited. ONFORMING USK 1. Use of lando?~ a mannerorfor a purpose lawful when ced and lawful prior to a change in a gov land use bylaw.... Mehta v. Truro (Town) ,5M.PX.R. (2d)216at218,104N.S.R. (2d) 283 A.P.R. 440 (C.A.), Hallett J.A. 2. A lawful < r~ ,.* . . . _. , , ., ,. vX e use: (i) benig made of land or a building or ^ ed to be made of land or of a building lawfully ?CAVI constraction, or with respect to which all re permits have been issued, at the date a zoning X or any amendment to a zoning bylaw affecting land or building becomes effective; and (ii) that the date a zoning bylaw or any amendment to a ing bylaw becomes effective does not, or in the e of a building under construction or with respect Cv WAV which all required permits have been issued will comply with the zoning bylaw. H MANDAMUS, n. [L. we cofflanand] 1. An ojrde issued in the name of the court to compel performance^ of a public legal dutyTlt has long been the means by which private litigants have required governmental T~ authorities to discharge their obligations. However, that said, mandamus remains a discretionary remedy and one which is available only in specific circum stances. Dolan v. Moose Jaw (City), 2008 SKCA170. 2. [An extraordinary remedy which]... lies to secure the performance of a public duty in the performance of which the applicant has sufficient legal interest. The applicant must show that he demanded the per formance of the duty and that performance of it has been refused by the authority obliged to discharge it ... Another principle is that a mandamus will not be issued to order a body as to how to exercise its juris diction or discretion. *
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