Daniel J. Wyjad

The plaintiff moved for urgent injunctive relief against his neighbours, the defendants, alleging their excavation activities encroached on his lands and caused flooding.

The court granted an interim interim injunction enjoining the defendants from trespassing and ordering them to permit the plaintiff's expert access to their property to conduct investigations.

The court declined to enjoin the defendants from conducting further landscaping on their own lands, finding no evidence of irreparable harm.

The plaintiffs brought a motion for summary judgment seeking a declaration that Trussler Road, located in an unorganized township, is a public road under the Municipal Act, thereby allowing them access to their rural property.

The court found that while the Municipal Act definition of a public highway applies to unorganized townships, the evidence did not establish that Trussler Road was a colonization road, that statute labour was usually performed on it, or that it had been dedicated and accepted for public use.

The court dismissed the plaintiffs' motion for summary judgment and, finding no genuine issue requiring a trial, dismissed the plaintiffs' action in its entirety.

Following a successful motion for summary judgment and possession of land subject to a defaulted mortgage, the plaintiff sought substantial indemnity costs of $32,143.58.

The defendants argued for partial indemnity costs, noting a forbearance agreement was in place and there were live issues regarding the amounts claimed.

The court found the defendants' conduct did not warrant substantial indemnity costs and awarded partial indemnity costs.

Costs were fixed at $20,544.34, inclusive of fees, disbursements, and HST.