CIVIL PROCEDURE - Injunctions - Considerations affecting grant

Law360 Canada (December 6, 2023, 6:34 AM EST) -- Application by respondents for damages because injunction was unnecessary. The parties had a long history of litigation dating back to July 2015.  The respondents were convicted of four offences each for violating s. 28 of the Conservation Authorities Act by unlawfully undertaking development without permission within 120 metres of a provincially significant wetland. The respondents were sentenced to remediate the property, a fine was imposed and a probation order was issued. The Halton Region Conservation Authority (HRC) obtained a time-sensitive interim injunction to restrain the respondents from transferring, selling, or gifting their farm property unless they complied with the remediation and probation orders previously issued by the Ontario Court of Justice. The respondents sought damages because the injunction was an excessive overreach and unnecessary and obtained based on a one-sided, incomplete and distorted account of the events that had occurred between the parties. They claimed that it denied them the opportunity to sell the farm property at the height of the real estate market over the winter of 2022. The HRC consented to the adjournment request, but the respondents refused to provide an undertaking to confirm the adjournment would cause no prejudice....
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