The applicant municipality sought a permanent injunction under section 440 of the Municipal Act, 2001 to restrain the respondent from operating an outdoor wood-burning furnace, alleging it contravened a by-law prohibiting emissions that unreasonably interfere with the normal enjoyment of property.
Neighbours complained of thick smoke infiltrating their homes and preventing outdoor activities.
Applying nuisance law principles, the court balanced the severity of the interference against the utility of the furnace.
The court found the smoke constituted an unreasonable interference during the warmer months and granted a permanent injunction prohibiting the operation of the furnace between April 1 and October 15 annually.
