The applicant, a land developer, sought an order requiring the respondents to remove encroachments from the applicant's property in Vaughan, Ontario.
The encroachments included a concrete retaining wall, a wooden retaining wall, and metal fence posts that crossed the property line.
The respondents requested an adjournment pending a consolidation motion with a separate action.
The court declined the adjournment and proceeded with the application.
The court found that the encroachments constituted trespass and were not de minimis.
The court granted a mandatory injunction requiring removal of the concrete retaining wall, wooden retaining wall, and metal fence posts within 45 days, with permission for the applicant to remove them at the respondents' cost if they failed to comply.
