Background: In 2005, Godwin Smith purchased 562 Balmoral Street in Winnipeg to convert for personal and business use. The city inspected the property as it was a multi-unit residential building. Smith faced multiple inspections and enforcement actions, which he alleged were harassing and part of a conspiracy to force him to sell.

Legal Arguments/Issues: Smith sought injunctions to prevent the city from taking title and inspecting further. He claimed general, special, punitive, and aggravated damages, alleging improper actions and conspiracy by city officials. The City of Winnipeg denied all allegations, arguing their actions were lawful under municipal by-laws. In 2023, the city moved for summary judgment, citing no genuine issue for trial under Rule 20.01 of the Manitoba Court of King’s Bench Rules.

Court's Ruling: The court found the city’s inspections and actions lawful and in accordance with the Winnipeg Charter and by-laws. The judge determined there was no genuine issue for trial, as the evidence did not support Smith’s allegations. Smith's non-compliance with maintenance requirements and financial decisions contributed to his issues. The court found the city's officials acted professionally and within their authority.

Costs/Damages Awarded: The court granted the City of Winnipeg’s motion for summary judgment on all matters. Costs were awarded in favor of the City of Winnipeg. If the parties could not agree on the amount, they were to schedule an appointment with the judge for determination. Financial terms were not specified.