The applicants, owners of cottage properties in Tiny Township, sought an interlocutory injunction to prevent the respondent municipality from interfering with their use of a grassy area between their properties and the beach.
The applicants claimed exclusive possession of the grassy area for decades, while the municipality claimed ownership based on a 1931 dedication.
The court applied the RJR-MacDonald test and found a serious issue to be tried regarding ownership, that the applicants would suffer irreparable harm through loss of enjoyment and potential environmental impact, and that the balance of convenience favoured maintaining the status quo.
The motion for an interlocutory injunction was granted.
