Chris Barnett

The appellant property owner appealed a judgment granting the City's application to enforce a Heritage Easement Agreement.

The appellant had made unauthorized alterations to his property, including cutting down trees and building a hockey rink and cabana.

The application judge found the appellant breached the Agreement and granted a permanent injunction.

On appeal, the appellant argued the application judge misinterpreted the Agreement and that the City's enforcement was motivated by bad faith.

The Court of Appeal dismissed the appeal, finding no palpable or overriding error in the application judge's decision and concluding that the City had exercised its contractual discretion in good faith.

The City of Markham brought an application for declaratory relief and a permanent injunction against a homeowner who removed trees and built a concrete hockey rink in the backyard of his heritage-designated property without City approval.

The homeowner argued the Heritage Easement Agreement only applied to the building, not the grounds, and that the City's enforcement was unconscionable and violated his Charter rights.

The Superior Court of Justice held that the agreement applied to the entire property and granted the City sole discretion to determine breaches and conduct remedial work.

The court dismissed the unconscionability and Charter arguments, issued the requested declarations, and granted a permanent injunction prohibiting further unauthorized work.