The Superior Court of Justice has ruled in favour of the Town of Halton in its bid to stop the operation of two truck terminals in Hornby.
The court issued a temporary injunction against a truck terminal on Hornby Road and another on Steeles Avenue that were built without Town approval. The injunction requires the owner/operator to remove all transport trucks, construction trucks and equipment, trailers and any other commercial motor vehicles from the property within 14 days. At least half of the trucks must be moved within the next seven days.
The court also ordered the owner to pay the Town $15,000 in legal fees within the next 90 days.
The order will stay in place until the Town’s application for a permanent injunction is heard in August.
The town argued that Harjeet Mander, or companies in which he was the sole director, purchased two adjoining Hornby properties zoned for residential and agriculture and converted them into a large truck terminal for approximately 100 trucks around 2021. Many of the trucks are refrigerator trucks that run 24 hours a day.
The Town said Mander installed several light posts to illuminate the yard but that shine into neighbouring homes. The Town also cited traffic problems with trucks blocking the narrow two-lane Hornby Road when turning in or out of the property. Several trucks blocked the road for extended periods after getting stuck in the ditch.
Mander countered with two affidavits by people who work at the property. Justice Marvin Kurz ruled that Mander “provided no objective evidence which refutes the evidence relied upon by the Town. Nor does it deny the town’s assertion that it is in violation of numerous zoning and other by-laws, the Building Act and various orders.”
Mander argued that no ruling should be made until the August hearing for the permanent injunction.
“Any delay in imposing the relief sought by the Town would only further penalize the law-abiding residents of the Town whose homes are proximate to the properties," Justice Kurz said in his ruling.
The temporary injunction will also prevent:
* the property owner/operator from bringing any fill material onto the property without a permit from the Town
* using the former residences on the property for offices, commercial or any other non-residential use occupying the addition to the former residence on the property
* occupying the steel warehouse on the Hornby Road property or the fabric-covered warehouse on the Steeles Avenue property
“I am very pleased with the court’s decision. It reaffirms our commitment to upholding justice and the rule of law in our community,” said acting mayor Jason Brass. “I extend my heartfelt gratitude to the dedicated staff for their unwavering diligence in navigating this complex matter. This judgment stands as a testament to our team's extensive, collaborative efforts.”
