McDonald's sought to declare North Elgin Centre Inc. (NEC) in contempt of a prior court order requiring NEC to provide "all reasonable cooperation" to obtain Planning Act consent for a renewed lease.
NEC filed a report with the Town's Committee of Adjustment proposing conditions for consent approval, which McDonald's argued was a breach.
NEC also brought a cross-motion for declaratory relief and directions.
The court dismissed McDonald's contempt motion, finding that NEC's report, including its proposed conditions, reflected legitimate concerns as the property owner and did not constitute a failure to provide "all reasonable cooperation." NEC's cross-motion was also dismissed as unnecessary given the contempt motion's dismissal, and because a single judge could not vary a panel order.
