The Corporation of the Township of North Dumfries brought a motion for an interlocutory injunction to restrain Geil Style Enterprises Inc. and Jason Geil from continuing a large-scale fill importation business without a permit, in contravention of municipal bylaws.
The plaintiffs argued for a 'strong prima facie case' test for the injunction, but the court applied the 'serious question to be tried' standard, noting that municipalities enforcing bylaws are not required to demonstrate irreparable harm in the same way as private plaintiffs.
The court found the Township met the test, that the non-compliance was flagrant, and that the balance of convenience favoured the Township.
The interlocutory injunction was granted, effective March 18, 2022.
