King secures $225,000 in costs in illegal dumping case

June 15, 2022 · 0 Comments

The Township of King has secured $225,000 in costs in a recent case in Superior Court involving a property on the Oak Ridges Moraine near Schomberg that included the repeated illegal dumping of fill on the property.
The property owner was carrying out significant site alterations, along with the illegal storage of commercial vehicles and equipment on the property, the Court found. All these activities were in contravention of King Township’s Site Alteration and Zoning bylaws.
The Court heard that King’s Bylaw Enforcement staff attempted to get the owner to comply with the Township’s bylaws through communication and education. However, those efforts were unsuccessful as the illegal activity continued.
Staff then issued orders to cease all illegal activities, again with no effect.
Due to the ongoing violations and the impact they were having on the subject property and neighbouring properties, King applied for an interim injunction at the Superior Court of Justice. The Court found that even though the interim injunction was consented to by the property owner, the owner continued to breach both the relevant bylaws and the interim injunction.
As a result, the Township successfully brought a motion for contempt of court which resulted in the property owner being ordered to pay a $110,000 fine to the Provincial Treasurer. The owner was also ordered to pay the Township $225,000 for costs related to the interim injunction ($50,000), contempt of court ($140,000) and the permanent injunction ($35,000).
The property owner also consented to a permanent injunction, requiring compliance with the relevant bylaws. They must also remediate the site to King’s satisfaction. If that fails to happen, King can complete the remedial works at the expense of the property owner.
“Due to the efforts of our staff and legal team, King has demonstrated it does not tolerate property owners blatantly disregarding municipal bylaws. I’d like to thank the neighbouring property owners, staff and our legal team for their dedication in bringing this case to a successful conclusion. Thanks also to R J Burnside for its guidance and expertise throughout the investigation and court case,” said Mayor Steve Pellegrini.

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