James Feehely

The court considered motions for security for costs and for summary judgment regarding a possessory lien under the Repair and Storage Lien Act (RSLA) in a dispute over helicopter repairs.

Mansfield Heliflight Inc. sought security for costs from USCAN Aviation Sales Ltd., while USCAN cross-moved for summary judgment to confirm its possessory lien and for an order requiring Mansfield to provide security.

The court dismissed the security for costs motion, finding USCAN had a good chance of partial success and that the defendant conceded some amount was owing.

The court granted a declaration that USCAN has a possessory lien over the helicopter, but declined to order Mansfield to pay security into court, maintaining the status quo until the amount of the lien is determined.

The Township of Adjala-Tosorontio sought an interim and permanent injunction against the respondents, Timothy Saunders and Alvin Lindhorst, to prohibit the placement of waste and derelict vehicles on their property, citing violations of the Property Standards By-Law.

The respondents argued the application was statute-barred under the Building Code Act and claimed legal non-conforming rights and agricultural zoning.

The court dismissed the respondents' arguments, finding the application was not time-barred as it was an enforcement action under s. 15 of the Act, not a prosecution under s. 36(8).

The court also found the property was zoned "Open Space Conservation" without non-conforming status for a junk yard.

The Township's application for an injunction was granted, ordering the property to be cleaned up, and inviting submissions on costs.