The applicants initiated a proceeding by application seeking declarations and substantial damages related to an anaerobic digester, and subsequently moved to add a party and for injunctive relief to prevent the digester's reactivation.
The court found the application procedurally inappropriate and outside its jurisdiction under the Rules of Civil Procedure, particularly due to the presence of material facts in dispute and the complex nature of the claims (nuisance and negligence).
Consequently, the court converted the application into an action, directing the applicants to file a Statement of Claim, and denied the immediate injunctive relief on the basis that it was not available in an improperly commenced application.
