Aware Simcoe: Environmental and Social Solutions Inc. v. Simcoe (County)

摘要

Remedies-Injunctions - Availability of injunctions - Injunctions in specific contexts - Restraint of government acts - Miscellaneous-Developer sought to redesignate and rezone agricultural land for residential subdivision - Applicant environmental group wanted to preserve woodlands on developer's property - County issued stop work order preventing developer from cutting down trees in March 2015 - County lifted stop work order, and group brought application for judicial review - Group brought motion for interlocutory injunction to stay decision of county to lift stop work order and confirm special permit allowing developer to cut trees on property, pending completion of judicial review - Motion dismissed - Mistake made by county in counting votes of two councillors that did not hear evidence did not make difference in final result, and did not result in denial of natural justice - In arguing that developer would soon be in position to cut down trees leaving no redress, group invoked merits of case and did not rely on denial of natural justice - Group was not entitled to stay.