Ontario Civil


Civil Procedure

SUMMARY JUDGMENT
Actions and steps taken by defendant were prima facie authorized by statute

Plaintiff was ordered by municipality inspectors to remove materials on land owned by him. Plaintiff failed to comply with order and had materials removed at his costs and against his wishes. Plaintiff brought action against municipality alleging that decision and its enforcement was negligent and excessive. Defendant brought motion for summary judgment for dismissal of plaintiff’s action. Motion granted. Actions and steps taken by defendant were prima facie authorized by statute. There was no evidence suggesting that actions were beyond what was authorized by law. Plaintiff failed to present genuine issue for trial, as he adduced no evidence of defendant’s alleged negligence or bad faith.

Meloche v. Alfred and Plantagenet (Township) (Sep. 19, 2014, Ont. S.C.J., Ronald M. Laliberte Jr. J., File No. L’Orignal 534-2012) 245 A.C.W.S. (3d) 67.

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