The Township of Adjala-Tosorontio sought an interim and permanent injunction against the respondents, Timothy Saunders and Alvin Lindhorst, to prohibit the placement of waste and derelict vehicles on their property, citing violations of the Property Standards By-Law.
The respondents argued the application was statute-barred under the Building Code Act and claimed legal non-conforming rights and agricultural zoning.
The court dismissed the respondents' arguments, finding the application was not time-barred as it was an enforcement action under s. 15 of the Act, not a prosecution under s. 36(8).
The court also found the property was zoned "Open Space Conservation" without non-conforming status for a junk yard.
The Township's application for an injunction was granted, ordering the property to be cleaned up, and inviting submissions on costs.
