The applicant sought an order declaring the City's removal of a rooftop sign illegal and a referral to a Master for damages.
The City argued the removal was lawful due to the sign's conversion to an "Off Premise Sign" without proper permits under provincial and municipal by-laws, and that the sign was not "lawfully erected" for grandfathering purposes.
The court found the application raised complex issues of statutory interpretation, Charter rights concerning commercial expression, and evidentiary needs that were unsuitable for an application.
The court ordered the application to be converted into an action to allow for full discovery, expert evidence, and a proper adjudication of liability and damages.
