David N. Germain

The Town of Caledon sought a declaration that the respondents failed to comply with a consent order requiring removal of structures, trucks, trailers, and equipment from their property.

The respondents argued substantial compliance and requested more time.

The court interpreted the order as requiring removal of all such items, not just those associated with a transportation depot, and found the respondents in breach.

The respondents were given 60 days to comply, after which the Town may remove the items at the respondents’ expense.

Vidhya Ramdas appealed two permanent injunction orders issued against her for undertaking unauthorized work on her property within a regulated wetland.

She argued the application judge erred by denying an adjournment and by not requiring the matter to proceed to trial due to contested facts.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the adjournment refusal given the overwhelming evidence that Ramdas proceeded with excavations without the requisite permits.

The court also provided observations on the duties of judges and counsel when dealing with self-represented litigants, noting that opposing counsel were remiss in not fully informing the application judge about the interim injunction and served materials.

The Township of Amaranth sought declarations and a permanent injunction against Vidhya Ramdas for contravening its Site Alteration By-law and a Stop Work Order by performing unauthorized fill activities on her property.

Ramdas failed to file responding materials despite multiple adjournments and court orders.

The court found deliberate and continuing breaches of the by-law and the orders, granting the Township's application for declarations, a permanent injunction, remedial orders for property restoration, and costs.

The Town of Grand Valley sought declarations that Paul Kenneth Walker's trucking business contravened its zoning by-laws and a statutory injunction to prohibit its operation.

Walker and Jones argued the business conformed with the former by-law and raised defenses of laches and promissory estoppel.

The court found triable issues regarding conformity with the former by-law and the applicability of equitable doctrines, dismissing the Town's application for an injunction and directing a trial on these issues.

This is a costs endorsement following the Court of Appeal's decision allowing the appeal of the Nottawasaga Valley Conservation Authority (NCVA) against a Divisional Court decision.

The NCVA sought costs of $77,419.86 on a partial indemnity basis for both the appeal and Divisional Court proceedings.

The court awarded reduced costs, finding the amounts sought for the leave to appeal motion and appeal hearing to be excessive relative to the Divisional Court costs.

The Gilmors were ordered to pay the NCVA $44,674.25 all-inclusive in total costs.