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Defence of qualified privilege available to Township for posting letters from public
Monday, February 13, 2023James R.G. CookLitigationMunicipal Act, Courts of Justice Act, Planning Act
Municipal site plan applications have a public component that may expose an applicant to complaints from people who are opposed to their plans. As part of the...
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Divisional Court upholds Integrity Commissioner decision: Councillor’s pay suspended for 270 days
Friday, December 31, 2021Stephen A. ThieleLitigationMunicipal Act, Integrity Complaints
Politicians are not above the law. Indeed, they occupy a position in our democratic society which obligates them to behave with the utmost integrity and in accordance with the office they...
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County Festival Feud: Plaintiff fails to prove verbal agreement or bad faith against festival organizers and municipality
Friday, April 9, 2021James R.G. CookLitigationOntario Limitations Act, Powassan, Municipal Act, Contract Law
The annual “Smoke ‘N’ Spurs Festival” on the Labour Day Weekend in Powassan, Ontario, commenced in 2013. A caterer for the Festival from 2013-2015, claimed that he was lured away...
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Home Owners Ordered to Remove Pool built over Municipal Easement
Friday, January 15, 2021James R.G. CookLitigation, Real EstateMunicipal Act, Easement
Home buyers would do well to ensure that their local municipal by-laws and easements do not prohibit their development plans before they embark...
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Injunction Granted to Hotel to Enforce Noise By-Law
Wednesday, October 28, 2020James R.G. CookLitigation, Municipal LawEnvironmental Protection Act, Municipal Act
Potential harm to a hotel’s online reputation for providing a quiet night’s sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ’s Hospitality v. Kal Tire, 2020 ONSC 6198 (CanLII), a hotel in...
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