This case was heard in the Supreme Court of Newfoundland and Labrador (Court of Appeal).
The plaintiffs in this case sought an interlocutory injunction that would prevent the Town of Witless Bay from making further changes to the Town’s Municipal Plan. The plaintiffs alleged that the amendments, which would allow development in areas where it had not previously been allowed, interfered with the common-law rights of the Town residents who used the land in its undeveloped state for various purposes.
The Court held that the provincial Urban and Rural Planning Act, 2000 set out a clear process by which proposed amendments could be reviewed and commented upon by the public. As that process had not yet begun, the Court held that the plaintiffs’ application for an injunction was premature and lacked a serious issue to be tried. The application was therefore dismissed.
When the plaintiffs appealed to the Newfoundland and Labrador Court of Appeal, the Court held that the Applications Judge had not erred in his identification and application of the relevant law, and it dismissed the appeal.
To read about this case in the Trial Division, go to Friends of Ragged Beach Inc. v. Witless Bay (Town), 20111 NLTD 108 (CanLII).