Ontario civil | Municipal Law | Bylaws | Enforcement
Applicant brought application seeking declaration that city illegally removed rooftop sign from its property, and requested that court refer matter to Master for trial to determine quantum of damages. City conceded that it removed sign from applicant’s property, but submitted that it was done legally and without violating any rights of applicant. Cause of justice required that entire matter proceed by way of action rather than application. In that way, validity of policies and regulatory enforcement in play here, liability issues, and damages issues, can all be adjudicated with proper evidentiary background. Applicant shall have 30 days from today to issue Statement of Claim in respect of dispute, which will have effect of converting application to action.
819630 Ontario Limited v. Toronto (City of) (2019), 2019 CarswellOnt 2414, 2019 ONSC 1203, E.M. Morgan J. (Ont. S.C.J.).
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