Santiago H. Costa

The applicant sought an interim injunction to prevent the Town of Caledon from enforcing a work order requiring the removal of 5,500 tonnes of illegal fill from his property, as well as an order of mandamus for document disclosure.

The court applied the RJR-MacDonald test, noting the high hurdle for enjoining a public authority enforcing its by-laws in the public interest.

Finding no serious issue to be tried, no irreparable harm, and that the balance of convenience favoured the Town, the court dismissed the motion for injunctive relief and mandamus.

The plaintiff sought substantial indemnity costs of $15,172.25 following its success on a motion brought by the moving party to stay a finding of contempt.

The moving party argued costs should be reduced because the plaintiff was unsuccessful on its oral motion for a finding of contempt against an individual personally.

The court declined to award substantial indemnity costs due to the failed oral motion, but awarded the plaintiff partial indemnity costs fixed at $11,000.