Adam Bucci and Nicole Pelaia were recently successful in resisting a complex motion for a mandatory injunction to compel the City of Hamilton from undertaking expensive (and duplicative) remediation of a water channel, where there were serious issues of liability and causation in dispute.
In his reasons in National Steel Car Limited v Arcelor Mittal Dofasco, 2022 ONSC 6742, the motion judge accepted TGP’s arguments that the plaintiff failed on all three elements of the R. v. CBC test for a mandatory injunction as against the City. Of particular importance, the motion judge found that the balance of convenience favoured the City, as the plaintiff’s proposal for remediation lacked specificity, that it would come at a significant public expense, and that it likely would entail the significant waste of public resources.