The applicants brought an application and a motion for an injunction against their neighbours and the Town of Oakville regarding the construction of a retaining wall between their properties.
The applicants abandoned the injunction motion shortly before the hearing.
At the hearing of the application, the court found that the material facts regarding liability, encroachment, and damages were highly disputed and could not be resolved on a paper record.
The court dismissed the application and ordered the matter to proceed to trial.
The applicants were ordered to pay partial indemnity costs for the abandoned injunction motion.
