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Mar 3, 2018

Township of King Successful in Enforcement of Bylaw Compliance

John J. Longo and Patrick Copeland

The landowner wished to create a large berm on its property adjacent to Highway 400. The Township of King took the position that this was regulated by its fill control bylaw, while the landowner argued that this was “landscaping” and therefore exempt from regulation under that bylaw. When the Township issued a stop work order, the landowner applied to the Superior Court of Justice for an injunction to prevent enforcement of the order and the bylaw. Finding that the landowner had not satisfied any of the three branches of the test for an interlocutory injunction, the court dismissed the landowner’s application. When the landowner resumed dumping, the Township successfully brought an application for an interlocutory injunction in the Superior Court of Justice to restrain the landowner from contravening the bylaw and to enforce compliance with the stop work order.

John Longo and Patrick Copeland of Aird & Berlis represented the Township.

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