Numerous additions to a Nanaimo home, including this second-floor addition, are the source of many years of remedial efforts by the City of Nanaimo. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

compliance battle

Endless odyssey: City of Nanaimo in lengthy dispute over unpermitted home additions

Nov 20, 2025 | 5:36 AM

NANAIMO — A BC Supreme Court justice sided with a homeowner who made unpermitted additions to his home, but the City of Nanaimo isn’t backing down from its compliance push.

A recent ruling from justice Wendy Baker rejected a City of Nanaimo contempt application against Yan Bernier, who made multiple additions to his Harewood home without the required building permit.

Bernier’s second-storey addition, carport and front deck triggered a January 2025 BC Supreme Court compliance order for Bernier to either obtain a building permit or remove the additions.

Justice Baker’s judgment outlined how several months of dialogue between the City, Bernier and his mother led to a building permit approval on June 11, 2025, which expired after 90 days.

Bernier could not afford the quoted $125,000 costs, so he opted to return the home to its original state.

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He retained an engineer to assist with the transition.

By October, an engineering report was provided to the City, however, the local government had already filed for contempt litigation.

Justice Baker deemed the 90-day permit period window to be an unrealistic timeframe for a non-professional homeowner to execute.

The high-court judge ruled the self-represented Bernier was actively working toward compliance by applying for permits, seeking an engineer and communicating regularly with the City.

“He made inquiries with the City about changing the permit to allow for that to be done, but did not receive any helpful responses. Instead, the City chose to pursue contempt proceedings against him,” Justice Baker stated.

The judge found this was not a case where an extraordinary order for civil contempt was warranted.

Legal costs were awarded from the City to Bernier.

The home’s rear depicts the second-floor addition and carport structure. (Ian Holmes/NanaimoNewsNOW)

Long drawn-out saga
Interactions between City of Nanaimo building department officials, Bernier, and his mother have been ongoing for years.

The City has issued several remedial orders to gain compliance.

A City building inspector responded to a complaint regarding illegal construction activity at the single-family property, leading to an August 2020 site visit.

Work observed included a newly built front entry timber deck and stairs constructed without compliant foundation and framing materials. A carport cover, which also served as a second-floor deck, was found to be installed on improper foundations.

Nobody was home at the time, and a Stop Work Order was posted on the property, according to the City.

According to the City, an inspector noted a non-code-compliant stairway during a follow-up site visit when access was gained to the upstairs addition.

“The building inspector found numerous, significant building code and safety contraventions,” noted an Oct. 2022 City of Nanaimo staff report.

The following March, City Council passed a contravention notice and referred the matter to the City’s bylaw department for enforcement action.

Multiple building applications were rejected, which the City stated involved incomplete paperwork.

Eventually, a building permit was approved in February 2023 and was valid for six months; however, Bernier did not collect it.

“Clearly, many years of interactions with Bernier have frustrated the City,” justice Baker stated.

Dave LaBerge, public safety director for the City of Nanaimo, is unable to comment on ongoing legal proceedings regarding its dealings with the affected property owner.

“I can confirm, however, that there is an outstanding remedial action requirement passed by Council resolution. The City will continue to work with the property owner, who is required to bring the building into compliance with the BC Building Code and the City’s Building Bylaw, ” LaBerge told NanaimoNewsNOW in an e-mailed statement.

LaBerge added the City remains committed to maintaining standards of the building permit process to safeguard public safety and ensure compliance with building codes.

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