M. Bordin

The applicants, five individuals experiencing homelessness, sought an interlocutory injunction to prevent the City of Hamilton from enforcing a by-law prohibiting camping in city parks.

They argued that enforcement during the COVID-19 pandemic and housing crisis violated their rights under section 7 of the Charter and the Human Rights Code.

The court applied the RJR-MacDonald test.

While finding a serious issue to be tried, the court concluded the applicants failed to establish irreparable harm specific to themselves, as they had been offered or received shelter.

The court also found the balance of convenience favoured the City, citing the public interest in safe parks, the City's efforts to provide shelter and supports, and the health and safety risks associated with the encampments.

The motion for an injunction was dismissed.

Following a successful summary judgment motion, the plaintiff and the defendant by counterclaim sought costs on a substantial indemnity basis.

The court awarded substantial indemnity costs, noting the responding parties' unreasonable delays, unproven allegations of fraud and fabricated evidence against a solicitor, and the terms of the mortgage which provided for substantial indemnity costs.

The court ordered the responding parties to pay total costs of $181,903.41.