Davis & Company LLP Successfully Defends Composting Facility

David Crocker, Jonathan Davis-Sydor and Liliane Gingras successfully represented Halton Recycling Ltd., a composting facility located in the Town of Newmarket, in an Application brought by the Town of Newmarket to shut down Haltons facility pursuant to s. 433 of the Municipal Act, 2001 (now s. 447.1). The Town was alleging that Haltons facility was emitting odours which constituted a public nuisance.

 

On September 29, 2006, after an eight-day hearing, the Ontario Superior Court of Justice ordered that Haltons facility be closed for a period of nine months, but ordered a ninety-day stay of the Closure Order to allow Halton to complete the Remedial Action Plan which Halton had put in place to abate the fugitive odours. In doing so, the Court ordered the Town to process the required approvals, licenses and agreements to allow Halton to complete its Remedial Action Plan within the ninety-day stay period. The Town, however, did not comply with these obligations.

 

Accordingly, Davis & Company, on behalf of Halton, brought a motion to extend the stay of the Closure Order. On March 2, 2007, the Court ruled on Haltons Motion that the Closure Order be permanently stayed as a result of the Towns failure to comply with its court-ordered obligations to process the necessary approvals, licenses and agreements. Haltons facility will, therefore, remain open for business.

 

This was the first case to be decided under s. 433 of the Municipal Act, 2001 (now s. 447.1). This section is a recent amendment to the Act which allows municipalities to apply to the Superior Court of Justice for an order that any premises within the municipality be closed for a period of up to two years for being a public nuisance. 

 

 

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