A township sought a permanent injunction restraining the respondents from depositing fill on their property without a permit under the municipal fill by-law.
The respondents brought a counterapplication seeking a declaration that the by-law was invalid, or alternatively that they had complied with the permit requirements and a fill permit should issue.
The court found the by-law valid but held that the township acted ultra vires by requiring the applicant to verify aviation safety standards that fall within exclusive federal jurisdiction over aeronautics.
The court ordered the township to forthwith issue the fill permit and dismissed the township's injunction application.
