The applicants, homeless individuals living in encampments in City of Toronto parks, brought a motion for an interlocutory injunction to prevent the City from enforcing its by-law prohibiting camping in parks during the COVID-19 pandemic.
The applicants argued that enforcement violated their rights under sections 7, 12, and 15 of the Charter.
The City moved to exclude the applicants' expert medical evidence on the basis of bias, which the court dismissed, finding the evidence relevant and necessary.
On the injunction test, the court found the applicants raised a serious issue to be tried and established irreparable harm.
However, the balance of convenience favoured the City, as the City had taken significant steps to provide safe shelter spaces with physical distancing, and the public interest in maintaining parks for everyone's use outweighed the applicants' interest in a sweeping suspension of the by-law.
The motion was dismissed.
