Superior Court Rules in Favour of Town
On Truck Terminal Injunction
HALTON HILLS, ON – The Town of Halton Hills was successful in having a temporary injunction issued against truck depots on Hornby Road and Steeles Avenue built without any Town approvals by the Superior Court of Justice for Ontario. The interlocutory injunction will require the owner/operator to:
Stop bringing in any fill or material onto the property without a permit issued by the Town.
Remove all transport trucks, construction trucks and equipment, trailers and any other commercial motor vehicles from the properties within 14 days of this order. Half of the trucks currently on the property are to be removed within seven days and the remaining trucks shall be removed within a further seven days.
Be prohibited from using the former residences on the Hornby property for offices, commercial use or any non-residential uses;
Be prohibited from occupying the addition to the former residence on the Hornby property;
Be prohibited from occupying the steel warehouse on the Hornby property and the fabric-covered warehouse on the Steeles property;
Pay the Town $15,000 in legal fees within 90 days.
The current order will stay in effect until the application for a permanent injunction is heard in August.
Unapproved truck depots -- large parking lots for transport trucks and other commercial vehicles -- have been springing up across many Ontario municipalities in recent years, in contravention of local laws. The Town has been active in enforcing its zoning by-laws and other by-laws where contravened. Justice Kurz, in his decision noted the impacts Town residents say they have faced from noise, dust, and traffic, concluding “Any delay in imposing the relief sought by the Town would only further penalize the law-abiding residents of the Town whose homes are proximate to the properties.
Acting Mayor Jason Brass expressed his satisfaction, saying, “I am very pleased with the court’s decision. It reaffirms our commitment to upholding justice and the rule of law in our community. I extend my heartfelt gratitude to the dedicated staff for their unwavering diligence in navigating this complex matter. This judgement stands as a testament to our team's extensive, collaborative efforts, and on behalf of my Council Colleagues, we thank them.”
Questions about the by-law can be referred to the Town’s Zoning Officer at 905-873-2601, ext. 2320.
[Below you can find a pdf of the Superior Court Decision]
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