Interlocutory injunction to block new municipal water and sewer connections denied for three specific developments.
The applicant municipality sought an interlocutory injunction to prevent the respondent municipality from making new connections to its water and sanitary sewer systems, pending the resolution of a dispute over an expired services agreement.
The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the applicant failed to establish irreparable harm and the balance of convenience favoured permitting three specific new development connections.
The injunction was granted on consent for all other new connections, with the three specific developments exempted.
SCJSuperior Court of JusticeJul 20, 2022
