Joe Hoffer

The Corporation of the City of Sarnia brought a motion seeking to set aside or vary a previous decision, declare an equitable right to indemnity, and obtain an interim mandatory order against Bluewater Health regarding the maintenance of the Mitton site.

The core issue was whether the court had jurisdiction to hear the motion under Rule 59.06, given that the City was attempting to introduce new causes of action (tort claims) that were not pleaded in the original application, which was premised on a trust relationship.

The court found that it lacked jurisdiction, emphasizing the principle of finality in litigation and that re-opening a case for new arguments would foster litigation in stages, thus dismissing the motion.

The City of Sarnia applied for a declaration that it held legal title to the "Mitton site" properties in trust for Bluewater Health, either as a bare trust or a constructive trust, and sought an equitable right to indemnity for ongoing maintenance costs.

The court dismissed the application, finding no certainty of intention to establish a bare trust from the relevant statutes (1920 Act and 1989 Act) or the parties' conduct.

Furthermore, the court found no basis for a constructive trust, as the City was seeking to impose a burden (decommissioning costs) rather than remedy an unjust enrichment or condemn a wrongful act by Bluewater.

The court emphasized that constructive trusts are typically used to provide a proprietary remedy for a party's loss or to prevent wrongful gain, not to transfer liabilities.

A municipality sought an injunction preventing a church from operating a homeless men’s shelter in the basement of its church building in contravention of a zoning by-law enacted under the Planning Act.

The respondent argued the shelter constituted a church-sponsored activity or accessory use and alternatively claimed enforcement infringed its freedom of religion under s. 2(a) of the Charter.

The court held the shelter constituted an “emergency shelter” use not permitted within the zoning designation and not an accessory church use.

Enforcement of the zoning by-law did not substantially interfere with religious freedom because the restriction concerned the location of the shelter rather than the ability to operate one.

A declaration and permanent injunction were granted prohibiting continued operation of the shelter at the property.