The Town brought an application under s. 440 of the Municipal Act to enjoin the appellant from contravening its zoning and site alteration by-laws, alleging the appellant operated an illegal waste disposal business.
The appellant claimed the properties were used for a legal non-conforming peat moss and triple mix business.
The application judge granted the injunction based on affidavit evidence.
On appeal, the Court of Appeal found the application judge erred by resolving conflicting material facts and credibility issues solely on a written record and by failing to make factual findings to support the site alteration injunction.
The appeal was allowed and a trial of the issues was directed.
