The applicants, a municipality and its mayor, sought declaratory and injunctive relief against a resident who sent vexatious and abusive communications and engaged in unauthorized road maintenance.
The applicants argued the resident's conduct triggered the town's workplace harassment policy under the Occupational Health and Safety Act.
The court dismissed the application for a declaration, finding the policy did not apply to a non-employee harassing the mayor at her separate, full-time workplace.
The court also dismissed the request for an interlocutory injunction, applying the RJR-MacDonald test and concluding the applicants failed to establish a serious issue to be tried or irreparable harm.
