The plaintiff hotel sought an injunction to restrain the neighbouring defendant tire shop from servicing commercial vehicles, alleging the noise constituted a nuisance and breached municipal by-laws and the Environmental Protection Act (EPA).
The court found that the noise from servicing commercial vehicles likely caused an adverse effect, breaching s. 9(1) of the EPA and, consequently, the municipal zoning by-law.
Applying the RJR-MacDonald test, the court granted an injunction restraining the defendant from servicing commercial vehicles between 8:00 p.m. and 9:00 a.m. to prevent irreparable harm to the hotel's reputation.
