Ontario Civil

Civil Practice and Procedure


Application to strike

Possible for company to demonstrate that city’s failure to issue permits contributed to nuisance

Plaintiff company owned and operated bridge, which connected Canada and United States. Canadian portion of bridge was within defendant municipality. Company bought property near bridge, for future expansion or replacement. Residents of neighbourhood complained that purchased properties were vacated or boarded up. Residents brought actions in nuisance against company. Company brought actions for contribution and indemnity from city. City claimed that company had no reasonable cause of action, and that action was frivolous and vexatious. City applied to strike pleadings of company. Application dismissed. Company was to amend pleadings. It was possible for company to demonstrate at trial that city’s failure to issue permits contributed to nuisance. Cause of action was somewhat novel, but this was not bar to proceeding with cause of action. Interpretation of applicable law by company was reasonable, including on issue of jurisdiction. There was possibility of joint and several liability. Facts of claim as to misfeasance in public office had been partially pleaded by company.

Canadian Transit Company v. City of Windsor (2018), 2018 CarswellOnt 11683, 2018 ONSC 3812, Christopher M. Bondy J. (Ont. S.C.J.).

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