Peter Gross

The appellant developer sought a declaration that a COVID-19 emergency regulation extending limitation periods also extended the 36-month deadline in a City of Toronto by-law for submitting a building permit application after receiving a demolition permit, which would have entitled the appellant to a development charge reduction of $6.7 million.

The application judge dismissed the application, finding the by-law deadline was not a limitation period within the meaning of the regulation.

The Court of Appeal found no error and dismissed the appeal.

The applicants, owners of cottage properties in Tiny Township, sought an interlocutory injunction to prevent the respondent municipality from interfering with their use of a grassy area between their properties and the beach.

The applicants claimed exclusive possession of the grassy area for decades, while the municipality claimed ownership based on a 1931 dedication.

The court applied the RJR-MacDonald test and found a serious issue to be tried regarding ownership, that the applicants would suffer irreparable harm through loss of enjoyment and potential environmental impact, and that the balance of convenience favoured maintaining the status quo.

The motion for an interlocutory injunction was granted.