Tammy W. Grove-McClement

The applicant municipality brought a motion to find the respondent corporation in contempt for demolishing a building without a permit, contrary to a prior court order.

The court found the respondent in contempt, noting the sole director's wilful blindness regarding a previously revoked permit.

The court also authorized the municipality to recover $28,381.18 in remediation expenses under the Building Code Act, granting the amount priority lien status.

Substantial indemnity costs for the contempt motion were awarded against the corporation and its director jointly and severally.

Following dismissal of an application seeking to compel a municipality to reconvey land, the court determined the appropriate costs award.

The municipality sought substantial indemnity costs after the applicants commenced a second proceeding seeking essentially the same relief following a dismissed action and expired appeal period.

The applicants argued the earlier decision was affected by the failure to raise a confirmatory municipal by-law.

The court concluded the by-law issue was irrelevant to the core legal question and that the application was unsuccessful, but exercised discretion on costs given the municipality’s conduct and the applicants’ belief that justice had been denied.

Partial indemnity costs and disbursements were awarded rather than the higher amount sought.