The Importance Of Acting Quickly When Applying For A Provisional Injunction

When it comes to court proceedings, time is of the essence. This principle becomes even more crucial when applying for a provisional injunction, as was recently reaffirmed by the Superior Court in Ville de Baie-d'Urfé c. Hirtle ¹.

The applicant, the Town of Baie D'Urfé (the "Town"), applied for a provisional injunction to stop construction work that was being carried out by the respondent. The Town claimed that the construction work violated municipal by-laws, which require that a building permit be obtained for this type of work.

Based on the facts, on July 8, 2020, an employee of the Urban Planning Department inspected the property. During this visit, she noted that construction work was being carried out despite the fact that the Town had not issued a permit. On July 27, 2020, the Town, claiming it had received complaints about the construction work being done by the respondent, sent the respondent a notice asking her to contact the Urban Planning Department