M. Kathleen Kinch

The appellant municipality was charged with contraventions under the Endangered Species Act for road maintenance activities that allegedly harmed an endangered butterfly species.

The municipality sought declaratory relief stating that its road maintenance obligations under the Municipal Act superseded the Endangered Species Act, exempting it from compliance.

The application judge dismissed the application as premature and not ripe for adjudication, noting the municipality had not attempted to obtain a permit.

The Court of Appeal dismissed the appeal, upholding the finding that the issues were not justiciable and should be addressed either through the permit process or in the ongoing quasi-criminal prosecution.

The plaintiff hired the defendant to construct a pole barn.

The defendant abandoned the project before completion, citing delays and health issues, leaving the barn unfinished and exposed to the elements.

The defendant failed to appear at trial.

The court found the defendant liable for breach of contract and awarded the plaintiff $71,288.13 in damages, representing the overpayment for work performed and the estimated cost to complete the barn to the contract's specifications, plus $10,500 in costs.

The applicant, an incorporated association managing a recreational park, applied to vacate a 1997 court order that established a two-manager governance system.

Three respondent members brought a counter-application challenging the applicant's corporate standing and seeking an external financial audit.

The court found that the applicant lacked standing because the park's constitution was never properly amended to authorize incorporation.

The court partially vacated the 1997 order, removing provisions related to the defunct two-manager system but leaving other substantive provisions intact.

The request for an external audit was dismissed for failing to meet the statutory threshold under the Corporations Act and lacking majority member support.