James J. Feehely

The applicant sought relief in an appeal before the Court of Appeal for Ontario.

The court reviewed the record and applied the governing legal and procedural standards, including deference to factual and discretionary determinations where required.

The matter concluded with the following disposition: Motion dismissed.

The moving parties sought to set aside a Registrar's order dismissing their appeal for delay.

The underlying appeal concerned a permanent injunction requiring them to clean up their property in compliance with a municipal property standards by-law.

The Court of Appeal dismissed the motion, finding that the delay was inadequately explained, the proposed appeal was frivolous and without merit, and the ongoing delay prejudiced the municipality and the public interest.

The appellant, Oro-Medonte Property Owners’ Association, appealed a summary judgment dismissing its action to quash a by-law imposing water system fees and to declare the water system municipal.

The by-law was passed by the respondent, The Corporation of the Township of Oro-Medonte, to fund upgrades to the Zone 1 water system.

The Court of Appeal upheld the motion judge's finding that the Zone 1 system was not assumed by the municipality and that the by-law was within the municipality's statutory authority under the Municipal Act, 2001.

The appeal was dismissed.