This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).

Ms. Oliver built an “accessory building” next to her home and used that building to stable her horses. When the Town of Elliston prohibited her from stabling her horses in the building, Ms. Oliver applied for a permit to build a “garage” next to her home. The Town awarded the permit, but on the explicit condition that Ms. Oliver not use the garage to stable her horses.

When Ms. Oliver did use the garage to stable her horses, the Town ordered her to stop doing so. Ms. Oliver appealed to the Eastern Newfoundland Regional Appeal Board, which dismissed her appeal. She then appealed to the Supreme Court of Newfoundland and Labrador, which affirmed the decision of the Appeal Board and dismissed Ms. Oliver’s appeal.