Paul Goodrich

The Corporation of the Municipality of Temagami sought a permanent injunction and other orders to enforce its zoning bylaws against Temagami Barge Limited (TBL) and Dashiel Lowery Delarosbel, alleging unlawful commercial uses on Crown land zoned for "Special Management Area (SMA) Zone (Crown Land)".

TBL argued its uses were lawful non-conforming or permissible expansions under the Planning Act.

The court found most of TBL's commercial uses (marina, retail fuel, commercial docking, barge rental, retail aggregate sales, sewage waste disposal) unlawful, not qualifying as lawful non-conforming uses or reasonable expansions of prior industrial uses.

The court granted a permanent injunction against these unlawful uses but denied the request for partial closure of the property and removal of sea-can containers and an office trailer, finding insufficient evidence of public nuisance or contravention for the latter.

The Barge Respondents (Temagami Barge Limited and Dashiel Lowery Delarosbel) brought a motion to transfer an application from Toronto to North Bay.

The applicant, Corporation of the Municipality of Temagami, opposed this transfer, advocating for Haileybury due to significantly shorter hearing delays.

The court, applying Rule 13.1.02(2)(b) of the Rules of Civil Procedure, dismissed the motion to transfer to North Bay.

Instead, the court ordered the application to be transferred to Haileybury, finding it more geographically appropriate for the community and witnesses, and crucial for securing the just, most expeditious, and least expensive determination of the proceeding by avoiding further delay.

Costs were awarded to the Municipality of Temagami.