The plaintiff sought $150,000 in damages against a municipality for trespass and conversion after the municipality entered his property and removed debris pursuant to a clean yard by-law and an order to comply.
The plaintiff alleged that certain items removed fell outside the order and that the municipality had no right to dispose of the materials without accounting for their value.
The court held that the municipality acted within its statutory authority under the Municipal Act and its by-law, and that the power to dispose of debris was implicit or alternatively permissible under principles of bailment provided the municipality acted reasonably.
The court found the municipality acted reasonably throughout the enforcement process, including granting multiple compliance extensions and reasonably disposing of junk and scrap materials.
The plaintiff’s claim was dismissed.
