The “blawgosphere” seems to have lit up this week with the release of Morland-Jones v. Taerk, a dispute between neighbours in the affluent Toronto, Canada, neighbourhood of Forest Hill. Essentially, the Ontario Superior Court ruled that the case, an interlocutory injunction matter involving multiple allegations of trespass and invasion of privacy, should be dismissed because “there is no serious issue.”
We may derive some guilty pleasure from reading about the dispute – evidently between a pair of awful neighbours with no shortage of money to spend on lawyers – but was it right for the judge simply to turn them away? If it were a matrimonial dispute between two annoying spouses from a rich family, would the court be justified in refusing a request by one party for interim relief on this basis? Would the judge have ruled this way, if the same complaints were made by neighbours from a less expensive postal code? My entry on the Gilbertson Davis LLP litigation blog (click link, or click on image above right) canvasses these issues concerning the role of the court in a society where we all depend on the rule of law to get along.