The plaintiff and third party moved for contempt against the defendants for failing to remove a dock as ordered following a trial.
The defendants argued that the delay was due to the need for a Ministry of Natural Resources work permit and a pending appeal.
The court found that while the defendants improperly delayed applying for the permit while seeking a stay, they were justified in waiting for the permit before commencing demolition.
The court adjourned the contempt motion to allow time for the permit to be issued and the work to be completed, with leave to return if further delays occur.