D. Sinko

The applicant sought an urgent mandatory interlocutory injunction requiring the respondent to remove sheds and underground hydro lines allegedly encroaching on its property and right-of-way.

The applicant argued the removal was necessary to allow heavy equipment to access and repair a berm on its wetlands.

Applying the modified test for mandatory injunctions, the court found the applicant established a strong prima facie case of trespass regarding recently constructed sheds on its property, and the balance of convenience favoured their removal.

However, the court dismissed the motion regarding older sheds and underground hydro lines, finding insufficient evidence of irreparable harm and concluding those issues required a full evidentiary record.

The plaintiff, a 73-year-old radio broadcaster with 20 years of service, was terminated without cause by the defendant.

The plaintiff brought a motion for summary judgment seeking 30 months' notice, while the defendant argued for 18 months and alleged a failure to mitigate.

The court awarded a 21-month notice period, finding no exceptional circumstances to justify exceeding 24 months.

The court also found that the defendant failed to prove the plaintiff did not mitigate his damages, considering his age, specialized skills, and serious medical issues following termination.