The moving parties sought summary judgment dismissing an action alleging theft, trespass, constitutional violations, and other claims arising from the removal and scrapping of vehicles from the plaintiff’s property by municipal by-law enforcement.
The court held that the municipality and its contractors acted pursuant to an Order to Remedy issued under the Building Code Act after the property failed to comply with municipal by-law standards.
Statutory provisions shielded the municipality and those acting on its behalf from liability for actions reasonably taken to bring the property into compliance.
The court further found that the pleadings failed to disclose viable constitutional, contractual, or tort claims and that no genuine issue required a trial.
Summary judgment was granted dismissing the action against the municipality and one contractor.
