The Town of Georgina brought a motion for an interim restraining order to prevent the respondents from dumping fill on a former pit property without a permit under the Town's Site Alteration By-law.
The respondents argued they were importing fill to rehabilitate the land pursuant to a site plan under the Aggregate Resources Act.
The court granted the interim restraining order, finding a serious issue to be tried, no irreparable harm to the respondents if delayed, and that the balance of convenience favoured the Town and the province, as the corporate owner of the land had been dissolved and the property was vested in the Crown.
