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ARTICLE · 06 NOVEMBER 2020

Injunction Granted To Hotel To Enforce Noise By-Law

Gardiner Roberts LLP
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Potential harm to a hotel's online reputation for providing a quiet night's sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour.

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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Potential harm to a hotel's online reputation for providing a quiet night's sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ's Hospitality v. Kal Tire, 2020 ONSC 6198 (CanLII), a hotel in Northern Ontario obtained such an order restraining an adjacent business from servicing commercial vehicles after business hours.

The Hotel had been operating in Sault Ste. Marie since 1974 on a major throughfare connecting to the TransCanada Highway. In 2019, the adjacent commercial property was leased by a business that repairs and replaces tires for retail and commercial customers, including tractor trailers and large construction vehicles. The property's landlord apparently spent over $1,000,000 to make the premises suitable for the tire business's needs, and the municipality issued occupancy permits for the business to operate.

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