The applicants sought judicial review of a work permit issued by the Ministry of Natural Resources and Forestry (MNRF) to the Michauds for the construction of a dock, walkway, and parking area on their property, which was a former gold mine site.
The applicants also sought an interim order to stay the permit and enjoin further development and use of the completed dock, citing environmental concerns and commercial use inconsistencies with the Clearwater Bay Restricted Area Order.
The court applied the three-part RJR-MacDonald test for an interlocutory injunction.
The court found no serious issue to be tried regarding the construction of the shed and the overall judicial review application, deeming it frivolous and vexatious.
Furthermore, the court determined that the applicants would not suffer irreparable harm from the interim use of the dock and that the balance of inconvenience favored denying the injunction.
The motion for an interim order was dismissed, and the application was to be transferred to the Divisional Court after costs were determined.
