The applicants, who have Health Canada authorizations to grow medical cannabis, sought an interim injunction to restrain the respondent township from enforcing zoning and interim control by-laws against their industrial-zoned site.
The township argued the applicants were barred by the 'clean hands' doctrine for failing to obtain building permits for site renovations.
The court found the doctrine did not apply, as the permit issue was not directly related to the by-law relief sought.
Applying the RJR-McDonald test, the court granted the injunction, finding the applicants would suffer irreparable harm due to the prohibitive cost of purchasing their prescribed cannabis, and the balance of convenience favoured maintaining the status quo.
