Zachary Cooper

The applicant, CCI Bioenergy Inc., sought an interlocutory injunction to compel the respondent, Veolia Water Canada, Inc., to continue an agreement for organic waste processing services and to reinstate two of CCI's employees, following an explosion at the facility and subsequent termination of services by Veolia.

The court applied the three-part test for interlocutory injunctions, finding the injunction sought was mandatory, requiring a strong prima facie case.

The court determined that CCI failed to establish a strong prima facie case or demonstrate irreparable harm, and that the balance of convenience favored Veolia due to the breakdown of trust and potential safety issues.

The motion for injunction was dismissed, but a sealing order for CCI's financial statements and personal employee information was granted.

Costs were awarded to Veolia.

The applicant sought to quash the Regional Municipality of Niagara's Woodland Conservation Bylaw, arguing it was ultra vires, conflicted with a historic Crown Patent and provincial statutes, and was impermissibly vague.

The applicant contended that the Crown's previous relinquishment of tree reservations meant the municipality could not regulate tree destruction on the property.

The Superior Court of Justice dismissed the application, finding the bylaw was a valid exercise of the municipality's regulatory powers under section 135 of the Municipal Act.

The court held that the Crown Patent did not supersede provincial or municipal authority to regulate land use, and the bylaw's definitions were sufficiently clear.