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Municipal Law - Bylaws and resolutions - Enforcement of bylaws - Injunctions

Thursday, December 08, 2016 @ 7:00 PM  

Appeal by 1124123 Ontario and Blanchard from permanent injunctive relief granted in favour of the Corporation of the Town of Georgina. Blanchard held a licence under the Aggregate Resources Act to extract aggregate from two sections of a property. Blanchard ceased extraction in 2007. Thereafter, the Ministry of National Resources issued a rehabilitation order requiring Blanchard to conduct certain rehabilitative processes at the extraction site. In 2013, the Ministry revoked Blanchard’s licence. Blanchard took the position that he needed to truck fill onto the property to complete rehabilitation processes. The Town took the position that its site alteration bylaw prohibited the proposed activity unless permitted under the terms of the Ministry licence. The Ministry supported the Town’s position. The Town obtained a permanent injunction that restrained the appellants from contravening the Town’s site alteration bylaw. Blanchard and his company appealed.

HELD: Appeal dismissed. The application judge correctly observed that the Ministry licence included specific and detailed provisions and conditions regarding rehabilitation of excavated sites. There was ample evidentiary support for the judge’s finding that there was no provision in the site plans for importing fill for rehabilitation purposes, as the 2007 order clearly described rehabilitation using onsite materials. Blanchard never challenged or sought amendment to the 2007 order or terms of his licence. There was expert evidence of sufficient material on-site to complete the rehabilitation requirements. The appellants sought to import quantities of fill far in excess of amounts required to complete the rehabilitation process. The terms of the injunction were not impermissibly broad such that the appellants were unable to complete the authorized rehabilitation process.