The Corporation of the Town of Lincoln applied for declarations and a permanent injunction against multiple respondents for violating a municipal bylaw concerning fill importation and site alteration.
The respondents had contravened permit conditions, breached a stop work order, and continued illegal dumping.
While the Shire respondents conceded liability for the declarations and injunction, they disputed the scale and quantum of costs.
The Cascio respondents did not appear.
The court granted the declarations and permanent injunction, finding clear bylaw breaches and no exceptional circumstances to refuse the injunction.
The Town was awarded partial indemnity costs of $54,898, with responsibility apportioned 25% to the Shire respondents and 75% to the Cascio respondents, primarily due to the Cascio respondents' profit motive and failure to cooperate in shortening the proceedings.
