Issue: Temagami Barge Limited has been conducting commercial activities at 1658 Temagami Access Road since 1988. The Municipality sought an injunction to enforce By-Law No. 06-650, arguing these activities were unlawful.

Decisions:

1. Lower Court Ruling (2024):

   • Permanent injunction issued to restrict 13 specific commercial activities (e.g., sewage disposal, expanded propane services).
   • Allowed continued barge operations, aggregate storage, and propane services at 2006 levels.
   • Municipality’s claims of public nuisance and requests for property removal were rejected.

2. Appeal Court Motion (2024):

   • Motion to stay the injunction pending appeal was denied.
   • Rationale:
     • Serious legal issues exist but do not justify a stay.
     • Insufficient evidence of irreparable harm to the appellants’ business.
     • Balance of convenience and public interest favors enforcing municipal by-laws.

Key Legal Points:

• The appellants argued procedural and substantive errors in the lower court’s decision.
• The court applied the RJR-MacDonald test:
  1. Serious issue: Met.
  2. Irreparable harm: Not proven by appellants.
  3. Balance of convenience: Favored the Municipality, citing the public interest in by-law enforcement.

Costs and Next Steps:

• The Municipality was awarded $10,000 in costs.
• Expedited appeal scheduling was recommended.