ORDERS SOUGHT
1. 2. 3. 4. 5. An order in the nature of mandamus requiring the Building Inspector described
below, to issue the building permits as applied for on December 18, 2023, for the
Tofino Beach Lodge, the Tofino Beach Lodge Spa, and the employee housing
buildings described below (collectively the “Building Permits”);
In the alternative, an order in the nature of mandamus remitting the applications
for the Building Permits to the Building Inspector with an order that the Building
Permits be issued if otherwise in order, without reference to any prohibition
arising out of the District of Tofino Water Utility Bylaw No. 1213, 2015 (the
“Water Utility Bylaw”);
An order in the nature of certiorari setting aside, quashing or severing section
4(5)(b) of the Water Utility Bylaw, or in the alternative, its use to prohibit water
service connections;
An order in the nature of certiorari setting aside or quashing the purported
decision of March 21, 2024 (the “Water Refusal Letter”);
A declaration that the Water Utility Bylaw and in particular section 4(5) and any
“Limits to Growth Policy” or Council resolution, based on the Water Utility Bylaw
or otherwise, is unlawful or inoperative to the extent they are applied to control or4
prohibit the density of use or use to which land within the District of Tofino may
be put as permitted by Part 14 of the Local Government Act;
6. A declaration that any refusal to issue the Building Permits or otherwise regulate
or prohibit land use on the CSB Land described below, in reliance on the Water
Utility Bylaw, any policy, or on any decision of the staff of the District of Tofino
thereunder, or on the report entitled “Limits to Growth Policy – water allocation
priorities” dated July 23, 2024, is unlawful and of no force or effect;
7. A declaration that any purported decision dated March 21, 2024 by the Director
of Infrastructure and Development of the District of Tofino refusing to permit a
water service connection to the CSB Land is unlawful and of no force and effect.
8. A declaration of the Water Utility Bylaw cannot be applied so as to prohibit
otherwise lawful use of land in accordance with the zoned use and density of the
CSB Land permitted by the District of Tofino’s zoning bylaw.
9. Such other and further orders and directions as may be required.
10. Costs.
