Newfoundland and Labrador (Attorney General) v. Specialty Homes Ltd. et al., (2015) 378 Nfld. & P.E.I.R. 236 (NLTD(G))

• Judge: Thompson, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 01, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 378 Nfld. & P.E.I.R. 236 (NLTD(G))

Nfld. (A.G.) v. Specialty Homes (2015), 378 Nfld. & P.E.I.R. 236 (NLTD(G));

    1174 A.P.R. 236

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. DE.072

The Attorney General of Newfoundland and Labrador (applicant) v. Specialty Homes Ltd. (first respondent) and 640 Torbay Road Inc. (second respondent)

(201501G4276; 2015 NLTD(G) 192)

Indexed As: Newfoundland and Labrador (Attorney General) v. Specialty Homes Ltd. et al.

Newfoundland and Labrador Supreme Court

Trial Division (General)

Thompson, J.

December 23, 2015.

Summary:

The Department of Transportation and Works issued a licence to the respondents for access to a boundary line of a highway, for residential building lots. The licence was granted under s. 9 of the Works, Services and Transportation Act. An adjoining property owner complained as to the construction of the access road. The Department obtained an interim injunction order. The respondents submitted a revised survey, showing the reduction from five to four lots and the revised access location. The Department applied for the granting of a permanent injunction. The respondents contended that the Department had approved the revised survey.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application.

Injunctions - Topic 699

Granting an injunction - Considerations affecting grant - Requirement of actionable wrong or prima facie case - The Department of Transportation and Works (Nfld. and Lab.) issued a licence to the respondents for access to a boundary line of a highway, for residential building lots - The licence was granted under s. 9 of the Works, Services and Transportation Act - An adjoining property owner complained as to the construction of the access road - The Department obtained an interim injunction order - The respondents submitted a revised survey, showing the reduction from five to four lots and the revised access location - The Department applied for the granting of a permanent injunction - It claimed that the access in place did not comply with the licence, based upon new policy guidelines for access distances - The Department's position was that the only permit that had been issued had a specified road access, and the respondents did not hold a permit authorizing access at the location where the access now had been constructed - The respondents contended that the Department had approved the revised survey - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - The revised survey was compliant with the original permit - "By this assessment then I cannot conclude that there is present a statutory breach by which a cause of action could be advanced so as to potentially attract consideration of the appropriateness of relief by Permanent Injunction." - See paragraphs 26 to 34.

Injunctions - Topic 1441

Permanent injunctions - When granted - General - [See Injunctions - Topic 699 ].

Injunctions - Topic 7080

Particular matters - Violation of statute - Provincial legislation - [See Injunctions - Topic 699 ].

Counsel:

David G. Rodgers and Jessica R. Pynn, for the applicant;

Michael H. Duffy, for the respondents.

This application was heard at St. John's, Newfoundland and Labrador, on December 1, 2015, before Thompson, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment, with reasons, on December 23, 2015.