Charles Loopstra, Q.C. and Daron Earthy win two cases in the Supreme Court of Canada on the same day
Civil Procedure: Dismissal for Delay
The plaintiff Colleen Khan, now deceased, was a mayoral candidate in Richmond Hill’s 1997 municipal election. In 1998, she, along with Shelly Khan and the current Applicants, commenced an action alleging Metroland had published defamatory statements, including statements allegedly made by the Respondent William Bell, the successful mayoral candidate, now also deceased, in its newspaper. Over the next few months, the Respondents delivered a statement of defence along with a counter-claim alleging libel and slander in Ms. Khan’s campaign literature, and the Applicants filed statements of defence. Examination for discovery of Mr. Bell and one other examination for discovery took place in October 1998, but there have been no other examinations for discovery. In June 2001, Nordheimer J. was appointed as case management judge. With the exception of the motion to dismiss for delay, no steps have been taken since May 2005. Nordheimer J. found the delay was excessive and granted the motion to dismiss for delay. The C.A. held Nordheimer J. had not committed any palpable or overriding error. Colleen Khan and Shelly Khan both retired from the current application for leave.
Ray Khan, et al. v. Metroland Printing, et al. ( Ont. C.A., Sept. 16, 2013) (35616) "The application for leave to appeal... is dismissed with costs. "
Municipal Law: Injunctions for By-Law Breaches
The Applicants purchased 108 acres of land on the Oak Ridges Moraine, in the Township of Uxbridge. According to the Applicants, they intended to build a home on part of the land and restore the rest to a cultivable state so they could farm it. A dispute with the Township ensued with respect to the dumping of fill on the property. The Township enacted a site alteration bylaw prohibiting or regulating the removal of topsoil or the dumping of large amounts of fill on any property located in the Township. Pursuant to bylaw, a fill permit was required if the amount of fill to be dumped exceeded 500 cubic meters. The Applicants did not seek such a permit. The Township subsequently learned quantities of fill well in excess of 500 cubic meters were being deposited on the Applicants’ property and fill was being deposited on portions of the property designated as a conservation area. The Township issued an order directing the Applicants to comply with the bylaw and to cease depositing fill on the property. Subsequent site visits conducted by the Township revealed additional fill was being brought to the property. The Township then issued an order to comply pursuant to the Building Code Act, requiring the Applicants to cease depositing fill on the property. The Township sought an interlocutory injunction restraining the Applicants from placing or dumping any fill on their property. Ontario Superior Court of Justice: interlocutory injunction issued, restraining Applicants from placing or dumping fill or performing any other form of site alteration on their property. Ontario Superior Court of Justice: permanent injunction issued, prohibiting Applicants from performing further site alterations on their property and restraining them from depositing any further fill on that property. C.A.: appeal dismissed.
Corbar Holdings Inc., et al. v. The Corporation of the Township of Uxbridge ( Ont. C.A., Sept. 9, 2013) (35607) "The application for leave to appeal... is dismissed with costs. "