Counsel also submits that “where, as in this action, a municipality is seeking to protect and enforce a public right, it should not be denied the remedy of an injunction merely because others, in addition to the defendant, are guilty of similar violations and have not been restrained.” As authority for this proposition he cites Magdalene Polai v. The Corporation of the City of Toronto, [1973] S.C.R. 38 1972 CanLII 22 (S.C.C.). I would observe first of all that, in this application, the township is not seeking an injunction. More importantly, however, counsel does not explain what public right it seeks to enforce.
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