Suzanne Coles

The Municipality of Brockton charged Phillip M. Englishman with trespass under the Trespass to Property Act for entering the Saugeen Municipal Airport's taxiway and runway.

Englishman, a long-standing pilot with an access agreement, had been warned about outstanding issues.

The court addressed three main issues: federal vs. provincial jurisdiction over airport operations, whether Englishman breached his access agreement, and if he could establish a defence of colour of right.

The court found that jurisdiction over airport runways and taxiways is exclusively federal, thus quashing the provincial trespass charge.

Additionally, it found that Englishman had reasonably complied with the terms of his access agreement and therefore had a valid colour of right defence.

The Municipality of Halton Hills and the Province sought orders regarding Charlie, a Rottweiler owned by Robert Berry and Victoria Mary Sciberras.

The dog had bitten another dog (Houston) on June 8, 2016, and a young person (JA) on October 31, 2016, causing serious injury.

The court found that Charlie's behaviour constituted a menace to public safety but declined to order destruction.

Instead, the court ordered the defendants to surrender Charlie to either the Ontario Society for the Protection of Cruelty to Animals or a suitable rescue shelter, and prohibited the defendants from owning any dog for three years.

The court also addressed Charter delay arguments and found no breach of s.11(b) rights.