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The court granted an interlocutory injunction restraining a large-scale fill operation for flagrant non-compliance with a municipal by-law.
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.
Judicial review of municipal parking pad refusal dismissed; decision was reasonable and procedurally fair.
The applicants sought judicial review of a Community Council decision denying them a front yard parking pad permit.
The permit was refused because the proposed pad was on the same side of the street as authorized permit parking and was too close to a protected tree.
The applicants argued they were denied procedural fairness and that their application was grandparented by a 31-year-old abandoned application.
The Divisional Court dismissed the application, finding that the Community Council's decision was reasonable and that the applicants were afforded an appropriate level of procedural fairness given the context.
