Latin for "not his deed".
A special defense in contract law to allow a
person to avoid having to respect a
contract that she or he signed because
of certain reasons such as a mistake as to
the kind of contract.
Non est factum is difficult to
claim as it does not allow for negligence on
the part of the signatory. i.e. failure to
read a contract before signing it will not
allow for non est factum. In a successful
case, the fundamental basis of the signed
contract must be completely different from
what was intended. In Lloyds Bank v
Waterhouse [1990] a father acted as a
guarantor to his sons debt when purchasing a
farm. The father was illiterate and signed
the bank document under the belief that he
was acting as the guarantor for the farm
only, when the contract was actually for all
the debt accumulated by the son. As he was
illiterate, this was a mistake as to the
document signed and the father was
successful in claiming non est factum.
A structure that was
lawfully existing prior to the effective
date of a zoning by-law and does not comply
with one or more of the applicable
regulations on the effective date of the
by-law or amendment thereto. Usually non
conforming structures may be enlarged or
extended at owner's will.
The right of a
non-conforming structure terminates when the
structure is substantially damaged,
deteriorated or abandoned.
This is a use that does not conform to
currently applicable standards or
regulations but was in conformance with the
standards at the time of inception.
Legal Non-conformity
This applies to those uses, structures or
lots which in whole or part are not in
conformance with current zoning standards,
but were legally established as a prior date
when they were in conformance with
applicable standards. Such uses structures
or lots may be maintained or potentially
altered subject to the provisions of CCC
40.530 Non-conforming Uses, Structures and
Lots.
Illegal Non-conformity
This applies to those uses, structures or
lots that in whole or part are not in
conformance with current zoning standards
and were not in conformance with applicable
standards at the time of their inception.
Such illegal nonconforming uses, structures
or lots shall not be approved for any
alteration or expansion, and shall undertake
necessary remedial measures to reach
conformance with current standards or be
discontinued.
The owner or the applicant (proponent of
such conformity) bears the full burden of
establishing that any non-conformity is a
legal non-conformity. Depending on the type
of application, examples of acceptable proof
include, but are not limited to, business
license, tax returns, business transaction
receipts, utility statements, and dated
aerial photographs. Additional information
may be required for proving intensity and
size of the operation.
A financial
advantage, gained by an individual or other
legal entity, other then money that may be
viewed as a financial gain from the
perspective of taxation.
Legislative
restrictions can impact the acquisition and
or disposition of land by individual or
other entities, defined as non-residents
pursuant to provincial and federal status.
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