The appellants appealed a permanent injunction restraining them from contravening the Town of Georgina's Site Alteration By-law by importing fill onto their property.
The appellants argued that the Aggregate Resources Act permitted them to import fill to rehabilitate a former aggregate pit.
The Court of Appeal dismissed the appeal, finding that the specific conditions of the appellants' licence and site plans required rehabilitation using only onsite materials.
The Court also found no conflict between the injunction and the Act, as the By-law explicitly exempted authorized rehabilitation activities.
